Interim Order 15

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS 674/23
MASTER AADITYA SHARMA THRU SHEETAL KASHYAP SHARMA Vs.
INDER MOHAN SHARMA
05.08.2025
Present: Sh. Saurabh Rastogi, LSA for plaintiff.
Sh. R K Sharma, counsel for defendants with
defendant No.1.
An application for setting aside ex-parte order dated
27.05.2024 has been filed on behalf of defendant No.1. Counsel for
defendant No.1 has submitted that he will file vakalatnama for
defendants No.2 and 3 on next date of hearing and that aforesaid
application may be considered on behalf of defendants No.2 and 3
as well. He has submitted that earlier application could not be filed
on behalf of defendants No.2 and 3 as defendants were not having
copy of plaint and annexed documents. Heard.
Request of counsel for defendants is allowed. He is
directed to file memo of parties for defendants No.2 and 3 today
itself.
Arguments on the aforesaid application addressed by
respective counsels heard.
During course of arguments, LSA for plaintiff has
submitted that no reasonable explanation has been given by
defendants for non appearance but that plaintiff does not have any
objection if application is allowed subject to heavy costs. Heard.
Counsel for defendants has submitted that application
was filed by defendant No.1 before next date of hearing after
defendants were proceeded ex-parte. Heard. Record perused.
Contd...2/-
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In view of respective submissions and in view of the
fact that application was filed by defendant No.1 before next date
of hearing after defendants were proceeded ex-parte, without
commenting on merits, I deem it appropriate to allow aforesaid
application filed by defendant No.1. Application is accordingly
allowed. Ex-parte order passed against defendants dated
27.05.2024 is recalled subject to payment of cost of Rs. 1500/- to
be given to plaintiff on NDOH.
Let copy of plaint and annexed documents be supplied
by LSA for plaintiff to counsel for defendants within one week
from today. Let WS if any be filed by defendants as per provisions
of Order 8 rule 1 CPC after receipt of copy of plaint and annexed
documents with copy to LSA for plaintiff.
Be put up for payment of cost by defendants, for filing
of vakalatnama on behalf of defendants No.2 and 3 and for further
proceedings for 20.09.2025.
(SONU AGNIHOTRI)
District Judge-04, East District,
Karkardooma Courts, Delhi
05.08.2025(Pr)
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