Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
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8 CS SCJ 1558/23
MOHD. MERAJ Vs. MOHD. YASIN
06.01.2024
Present: Sh. Abdul Hameed Khan, Ld. proxy Counsel for plaintiff
with plaintiff no.3.
Sh. Areed Ahmed, Ld. Counsel for defendant with
defendant.
Summons issued to defendant received back as served on
21.10.2023.
Written statement has been filed on behalf of the defendant
along with application under Order 8 Rule 1 r/w Section 151 CPC and
along with reply to the application under Order 39 Rule 1 & 2 CPC and
vakalatnama. Said applications are taken on record. Copy supplied.
Ld. Proxy Counsel for plaintiff submits that plaintiff has no
objection if the written statement filed by defendant is taken on record
subject to cost.
In view of the above and 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 under
Order 8 Rule 1 r/w Section 151 CPC filed on behalf of defendant for
condonation of delay in filing written statement is allowed subject to
cost of Rs. 1000/- to be paid by defendant to the plaintiff.
Accordingly, written statement filed by defendant is taken
on record.
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Ld. Proxy Counsel for the plaintiff seeks time to file
replication to the written statement filed on behalf of defendant.
Replication, if any, be filed within 15 days with advance
copy to the opposite party.
Ld. proxy Counsel for plaintiff submits that plaintiff no.1
has expired on 14.11.2023.
An application has been filed on behalf of plaintiff under
Order 22 Rule 3 r/w Section 151 CPC along with copy of death
certificate of plaintiff no.1. Same is taken on record. Copy supplied.
Ld. Counsel for defendant seeks time to file reply to the
said application.
Reply, if any to the said application be filed before the
NDOH with advance copy to the opposite party.
Put up for further proceedings on 02.04.2024.
(Umang Joshi)
Civil Judge-04, Central,
Tis Hazari Courts, Delhi
06.01.2024
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