Interim Order 12

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 16 CS SCJ 1452/23
MOHD RAHEES Vs. MOHAMMAD SHAKIR
15.01.2026
Present: Sh. Yash Pal Bharti, Ld. counsel for plaintiff alongwith
plaintiff.
Sh. Farhan and Sh. Sharukh, Ld. Proxy counsels for
defendant.
It is submitted by Ld. Counsel for plaintiff that cost of Rs. 5,000/-
in terms of order dated 25.10.2025 has not been paid by the defendant.
Ld. Proxy counsel submitted that cost will be paid to the plaintiff
within a day.
Same is vehemently opposed by the Ld. Counsel for plaintiff by
submitting that defendant is deliberately delaying the process of law and present
suit is filed under order XXXVII CPC (summary proceedings).
Perusal of record shows that defendant has not been complying
with the order of this court. Further defendant has filed the application for leave
to defend in the year 2023 and same has not been argued properly despite
opportunities being given on 25.10.2025 and 22.03.2025. On LDOH, last and
final opportunity was granted to the defendant to argue on his application,
however, today also no arguments were advanced on behalf of the defendant.
Main counsel is not present today for arguments.
In view of the above and also considering the conduct of
defendant, it appears that defendant is not interested in pursing the application
for leave to defend on merits, therefore, the application of defendant for leave to
defend is dismissed for non prosecution.
Now to come up for FP /FA on 24.02.2026.
[Arvind Dev]
Civil Judge-09, C/THC/Delhi
15.01.2026
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