Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 15 CS SCJ 1627/25
Dazi Verma Vs. Rohit Kumar
08.04.2026
Present: Sh. Rahul Parashar, Ld. counsel for plaintiff.
Sh. Abhishek Kumar, Ld. proxy counsel for
defendants.
Evidence by way of affidavit of plaintiff filed on
behalf of the plaintiff. Same be taken on record. Copy supplied to
the opposite party.
An application U/S 151 CPC for setting aside the
order dt. 07.01.2026 filed on behalf of the defendant. Same be
taken on record. Copy supplied to the opposite party.
Perusal of the same shows that it can be disposed off
without any notice to the opposite party.
The aforesaid application has been filed for setting
aside the order dt. 07.01.2026 whereby the right to file WS of the
defendants was closed due to non filing of WS within statutory
period.
Ld. proxy counsel for the argued that in view of the
medical condition of the defendant, the WS could not be filed in
time and the non-filing of the same is neither intentional nor
deliberate.
Defendant has annexed medical document of
defendant no.1 alongwith the aforesaid application U/S 151 CPC
which is merely an EEG test conducted in the year 2020. No
reason has been mentioned as to why the WS has not been filed
within the statutory period. Apart from vague averments, nothing
substantive or specific detail has been mentioned as to why
despite the service of summons on 14.10.2025, defendants failed
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to file the WS till 07.01.2026. Even the present application has
been filed only with the affidavit of defendant no.1 and no
averment has been made regarding defendant no.2. Therefore,
there is no merit in the present application. Accordingly, the same
is hereby dismissed.
Put up for PE on 20.05.2026.
(SUNIL KHATRI)
Civil Judge-06 (Central)
Tis Hazari Courts
Delhi/08.04.2026
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