Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 2458/24
Tata Power Delhi Distribution Ltd. Vs. Yash Pal Sharma And Ors.
05.08.2025
Present: Sh. OP Prasad, Ld. counsel for plaintiff (through VC).
Sh. Avdhesh Singh, Sr. Manager, Legal, plaintiff.
Defendant no. 1 and 2 in person.
Defendant no. 3 (through VC).
Matter received back from mediation as non starter.
An application has been filed on behalf of defendant no. 2
and 3 under Section 151 CPC for condonation of delay in filing written
statement. Same is taken on record. Copy supplied.
Defendant no. 2 and 3 submit that inadvertently the
written statement could not be filed by defendant no. 2 and 3 within
the prescribed period due to the reasons as mentioned in the
application and pray that the application be allowed and the written
statement filed by defendant no. 2 and 3 be taken on record.
Ld. counsel for plaintiff submits that he has no objection if
the written statement filed by defendant no. 2 and 3 is taken on record.
In view of the above and in the interest of justice and
keeping in view the settled principle of law that procedure should be
used to subserve and advance the cause of justice, the application filed
on behalf of defendant no. 2 and 3 under Section 151 CPC for
condonation of delay in filing the written statement is allowed.
Accordingly, written statement filed by defendant no. 2
and 3 is taken on record.
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An application has been filed on behalf of defendant no.1
under Order 7 Rule 14 CPC along with certain documents.
The said application has been filed on behalf of defendant
no.1 under an incorrect provision of law. In the interest of justice and
to avoid any delay, the said application is treated as being filed under
Order 8 Rule 1A CPC.
Defendant no.1 submits that he wishes to bring on record
certain additional documents as filed along with the said application
and further submits that inadvertently the said documents could not be
filed earlier and prays that the said documents be taken on record.
Ld. counsel for plaintiff submits that he does not wish to
file any reply to the said application and further submits that he has no
objection if the said application is allowed and the said additional
documents filed by defendant no. 1 are taken on record.
Submissions heard.
In view of the submissions made and the reasons stated in
the application and in the interest of justice, the said application filed
on behalf of defendant no.1 is allowed and the additional documents
filed along with the said application are taken on record.
Put up for admission/denial of documents and framing of
issues on 12.11.2025.
(Umang Joshi)
Civil Judge-04, Central,
Tis Hazari Courts, Delhi
05.08.2025
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