Order 20

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 19 CS SCJ 1698/23
SHASHI CHEMISTS Vs. OSRMED PLUS
06.09.2025
Present : None for plaintiff.
Sh. Manvendra Singh, Ld. counsel for defendant
(through VC).
The matter is listed for orders on application u/o IX
Rule 7 CPC.
Ld. counsel for defendant has moved an application
u/o IX Rule 7 CPC for setting aside order dt. 21.08.2024. It is
submitted that the defendant received the summons and appeared
on 28.05.24 and after filing the vakalatnama, the counsel of the
defendant did not pick the phone and his office was found closed.
Subsequently, the defendant engaged a new counsel on 04.06.25
and the new counsel moved the present application.
It is a trite proposition of law that effort of the court
should be to decide the suit on merits and not let the purpose of
doing justice after hearing the parties get defeated on account of
procedural infirmities. At the same time, the importance of
procedure as the handmaid of justice can not be under
emphasised, as to ensure a swift and expeditious trial so that
justice is not denied to the parties because of delay.
Striking the balance between these two objectives, the
court opines that a lapse of this kind, in these facts and
circumstances, on the part of defendant should not altogether
proved fatal to his rights in the suit and the same can be offset by
imposition of costs upon him. Hence, in order to give an
opportunity to the defendant to be heard, the ex-parte
proceedings passed against defendant on 21.08.2024 are set aside
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and the application u/o IX Rule 7 CPC is allowed, subject to cost
of Rs. 2,000/- to be paid to plaintiff on NDOH.
Ld. counsel for defendant submits that the WS has
already been filed.
Let replication, if any, be filed on the NDOH with
advance copy to opposite side against receipt.
List for completion of pleadings/further proceedings
on 04.10.2025.
(Sahil Gupta)
CJ-07(C)/THC/Delhi/06.09.2025
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