Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 24 CS SCJ 1725/23
TORET ALI Vs. IRRIGATION AND FLOOD CONTROL
DEPARTMENT
19.09.2024
Present: Sh. Vinay Kumar Phatak, Ld. counsel for plaintiff.
Sh. Sachin Sharma, Ld. counsel for defendant
alongwith clerk of defendant Sh. Subhash.
Ld. counsel for the plaintiff states that he does not
wish to file reply to the application U/O 8 Rule 1 CPC and will
straight away address the arguments.
Arguments on the application heard on behalf of the
parties. Record perused.
Ld. counsel for the defendant argued that the WS
could not be filed within time as there was a delay in
appointment of counsel by the defendant which is a government
department, due to its formal procedure. It was prayed that the
application be allowed.
Per contra, application was opposed on behalf of the
plaintiff. It was argued that the present application be dismissed.
Submissions heard. Record perused.
It is settled law that procedures are nothing but
handmaid of justice and when technicalities are pitched against
justice, it is the cause of justice which is to be given paramount
importance. It is noteworthy to mention that for efficacious
disposal of the suit, it is desirable that opportunity must be given
to both the parties to represent their case on merits and though in
the present case there is a delay in filing of WS but in the
considered opinion of this court, if the same is not condoned,
efficacious adjudication on merits cannot be made.
-- 1 of 2 --
-2-
In view of the above observation and considering the
reason stated for not filing the WS in time, application U/O 8
Rule 1 CPC moved on behalf of defendant is allowed subject to
cost of Rs.500/- to be paid by the defendant to the plaintiff.
Replication if any, be filed on or before the next date
alongwith advance copy to the opposite side.
Now to come up on 19.12.2024.
(KAPIL GUPTA)
Civil Judge-06 (Central)
Tis Hazari Courts
Delhi/19.09.2024
-- 2 of 2 --