Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 19
CS SCJ 1737/25
BABU ALI
VS.
SHAMIM AHMAD
07.02.2026
Present: Sh. B.K. Jha, Ld. Counsel for plaintiff.
Sh. Rajendra Kumar, Ld. Counsel for defendants
no.1 and 2.
Today, an application u/s 148 r/w Section 151 CPC
for condonation of delay in filing written statement has been filed
by the Ld. Counsel for defendants.
It is stated in the application that sufficient time was
consumed in tracing the old records and therefore, the written
statement could not be filed in the stipulated period. That
defendants received the complete set of plaint on 15.10.2025 and
therefore the delay occured in filing the WS. Therefore it is
prayed that delay of 53 days in filing the WS be condoned.
148. Enlargement of time provides as under:
“Where any period is fixed or granted by the Court for the doing
of any act prescribed or allowed by this Code, the Court may, in
its discretion, from time to time, enlarge such period, [not
exceeding thirty days in total,] [Substituted by the Code of Civil
Procedure (Amendment) Act, 1976, Section 49, for certain words
(w.e.f. 1.2.1977). ] even though the period originally fixed or
granted may have expired.”
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Considering the averments made in the
application, settled law that procedural technicalities should
not come in the way of administration of substantial justice,
application under consideration is allowed subject to cost of
Rs.2000/- to be paid to the plaintiff. WS be taken on record
subject to payment of aforesaid cost.
Ld. Counsel for the plaintiff seeks some time to file
the replication and reply to the pending applications moved by
Ld. Counsel for the defendants. Let the same be filed with
advance copy to the opposite party.
Affidavit of admission-denial be also filed on behalf
of parties with advance copy to the opposite party.
Re-list on 04.04.2026.
Date is given as per convenience of counsels.
(HALA QUAMAR)
Civil Judge-1 (Central)
THC, Delhi/07.02.2026
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