Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 3
CS 83/24
Smt Samlesh Chauhan Vs. Shakeel
12.12.2024
Present : Sh. Vimal Kumar Gaur, Ld. Counsel for the plaintiff with son
of defendant.
None for defendant no.1
Sh. Ashok Suri, Ld. Counsel for the defendant no.2/Sh. Sanjay.
None for other defendants.
Defendant no.4 has been served by way of publication in the
newspaper “Rashtriya Sahara” dated 23.11.2024. Copy of newspaper is
placed on record.
No one appeared on behalf of defendant no.4.
No written statement has been filed on behalf of defendant
no.1. Although memo of appearance has been filed on behalf of defendant
no. 1 on previous hearings.
Defendant no. 3 has been served on 29.04.2024 through his
wife. However, written statement has not been filed till date on behalf of
defendant no.3. In view of this, the right of defendant no.3 to file written
statement is hereby closed.
No reply has been filed on behalf of the plaintiff to the
application for condonation of delay in filing written statement filed on
behalf of defendant no. 2.
Arguments heard on application for condonation of delay in
filing written statement on behalf of defendant no. 2
Ld. Counsel for the defendant no.2 submits that written
statement on behalf of defendant no. 2 could not be filed within a stipulated
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time due to ill health of defendant no.2 and his son. Therefore, it is prayed
that delay may be condoned and written statement be taken on record.
Ld. Counsel for the plaintiff opposes the application submitting
that delay has not been adequately explained and application does not
contain the number of days of delay for which the defendant no.2 are
seeking condonation of.
Submissions heard. Record perused.
Perusal of the record shows that defendant no. 2 was served on
04.04.2024 and written statement was filed on 27.08.2024 which is more
than 90 days. Considering that irreparable loss would be caused to the
defendant no.2, if the written statement is not taken on record, therefore, in
the interest of justice, application stands allowed and delay in filing written
statement is condoned and written statement filed on behalf of the defendant
no. 2 is taken on record, subject to cost of Rs. 5000/- to be paid to plaintiff.
Put up for filing replication to the written statement of
defendant no. 2 and reply and arguments on application under Order VII
Rule 11 CPC on 13.02.2025.
In the meantime, interim order dated 27.08.2024 to continue
till NDOH.
(SOMITRA KUMAR)
DJ-06,EAST/ KKD COURTS
DELHI/12.12.2024 (s)
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