Interim Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 15
CS SCJ 1630/25 POONAM GARG VS. A L ARORA
18.04.2026
Present: Sh. Prakash Ranjan, Ld. Counsel for the plaintiff.
Sh. Anirudh Sharma, Ld. Proxy Counsel for
the defendant through VC.
Application seeking condonation of delay in filing the
WS is taken up for consideration. It is stated in the application that
the service of the summons of the present matter was effected on
the defendants on 15.09.2025. That the defendants have left Delhi
and are currently residing at Gurugram, Haryana and that defendant
No.1 is a senior citizen of about 81 years of age. That defendant
had filed an application u/O VII Rule 11 r/w section 151 CPC on
behalf of respondent No.1 seeking rejection of the plaint on
20.09.2025 which was finally decided on 11.11.2025. That after
adjudication of the abovesaid application and after taking due
instructions from the defendants, the accompanying written
statement was drafted by the counsel, however, since the present
defendants have left Delhi and are currently residing at Gurugram,
Haryana, it took some time to take their signatures on documents
and affidavits and thereafter the written statement was filed and
therefore, delay of 56 days occurred in filing of WS.
Same is objected by the opposite counsel.
Submissions heard. Record perused.
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.
Page No.1 of 2
-- 1 of 2 --
Considering the averments made in the application, settled
law that procedural technicalities should not come in the way of
administration of substantial justice and objection of opposite side,
application under consideration is allowed subject to cost of
Rs.1000/- to be paid to the plaintiff. WS be taken on record subject
to deposition of aforesaid cost.
Replication be filed with advance copy to the opposite
side.
Re-list on 09.06.2026.
Date is given as per convenience of counsels.
(HALA QUAMAR)
Civil Judge-1 (Central)
THC, Delhi/18.04.2026
Page No.2 of 2
-- 2 of 2 --