Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 20
CS SCJ 1806/23
MOHAMMAD ASAD Vs. SHAHZEB
20.11.2023
Present: Sh. Mohd Ahmed, Ld. Counsel for plaintiff along with
plaintiff.
Ms. Tanya Tejan, Ld. Counsel for defendant.
WS filed on behalf of defendant along with an application u/O 8
Rule 1 CPC for condonation of delay in filing of WS. Copy supplied.
Ld. Counsel for plaintiff submits that he has no objection if the
present application is allowed subject to cost.
Under Order VIII Rule 1 CPC defendant is given 30 days time to
file WS from the date of service of summons. Proviso to the said
provision gives discretion to the court to grant 60 days more time
beyond 30 days permitting the defendant to file WS in exceptional
circumstances.
It has been observed by the Hon’ble Supreme Court in the case
titled as Kailash vs Nankhu, AIR 2005 SC 2441 (2452) that Order 8
rule 1 though couched in mandatory form is directory being a provision
in the domain of procedural law. The purpose of providing the time
scheduled for filing WS is to expedite and not to scuttle the hearing.
Submissions heard. Record perused.
In view of no objection of Ld. Counsel for defendant and in view
of settled law as discussed above, the aforesaid application is allowed
subject to cost of Rs.1000/- to be paid to the opposite side.
Written Statement be taken on record subject to payment of
aforesaid cost.
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Replication, if any, be filed on or before the next date of hearing
with advance copy to the opposite side.
Put up for consideration on the aspect of completion of pleadings,
examination of parties u/O 10 CPC, admission-denial of documents and
for framing of issues on 07.02.2024.
Date is given as per convenience of counsels.
(SAHIL KHURMI)
Civil Judge-1 (Central)
THC, Delhi/20.11.2023
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