Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 949/24
Santosh Vs. Kiran Mishra
13.11.2024
Regular stenographer is on leave today.
Present: Sh. Anil Devlal, Ld. Counsel for plaintiff.
Sh. Deepak Rao, Ld. Counsel for defendants.
Sh. Santosh Ram, Ld. Counsel for applicant.
An application has been filed on behalf of applicant Kashmir
Singh under Order 1 Rule 10 r/w Section 151 CPC seeking impleadment as a
party in the present suit. Same is taken on record. Copy supplied.
Reply, if any, be filed before the NDOH with advance copy to
the opposite party.
Written statement has been filed on behalf of defendants along
with an application u/s 5 Limitation Act for condonation of delay in filing
written statement and along with reply to the application under Order 39 Rule
1 and 2 r/w Section 151 CPC. Copy supplied.
Ld. Counsel for defendants submits that inadvertently the
written statement could not be filed by defendants within the prescribed
period due to the reasons as mentioned in the application and prays that the
application be allowed and the written statement filed by defendants be taken
on record.
Ld. Counsel for plaintiff has opposed the said application.
In the interest of justice and keeping in view the settled
principle of law that procedure should be used to subserve and advance the
cause of justice, the application filed on behalf of defendants for condonation
of delay in filing the written statement is allowed subject to cost of Rs.1000/-
to be paid by defendants to plaintiff.
Cont...p/2
-- 1 of 2 --
: 2 :
Accordingly, written statement filed by defendants is taken on
record.
Ld. Counsel for plaintiff submits that he wishes to file
replication to the written statement filed by defendants.
Replication, if any, be filed within 15 days with advance copy to
the opposite party.
Reply has been filed on behalf of plaintiff to the application u/O
7 Rule 11 CPC filed by defendants. Same is taken on record. Copy supplied.
Ld. Counsel for plaintiff seeks some more time to file reply to
the application u/s. 340 Cr.P.C filed by defendants.
Last and final opportunity is granted to plaintiff to file reply to
the said application within 15 days with advance copy to the opposite party.
An application has been filed on behalf of plaintiff for issuing
restrain orders. Same is taken on record.
Ld. Counsel for plaintiff submits that he wishes to withdraw the
said application with liberty to file a fresh application.
In view of the submissions made, the said application is
dismissed as withdrawn.
Put up for arguments on the pending applications on
05.03.2025.
(Umang Joshi)
Civil Judge-04, Central,
Tis Hazari Courts, Delhi
13.11.2024
-- 2 of 2 --