Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Civ Suit 141/26
Bageesh Dutt Mishra Vs. Rajender Jain
22.05.2026
Present: Mr. Agredeep Goel, Ld. Counsel for the plaintiff
(through VC).
Plaintiff in person.
Mr. Prem Chandra, Ld. Counsel for the
defendant alongwith defendant.
1. Matter could not be settled in the Mediation Centre.
2. Written statement alongwith an application under
Order VIII Rule 1 CPC seeking condonation of delay in
filing the written statement; alongwith an application under
Order VII Rule 11 CPC; has been filed by the defendant.
Copy supplied to the other side.
3. The application under Order VIII Rule 1 CPC has been
taken up for disposal.
4. Ld. Counsel for the defendant submits that there is a
delay of 20 days in filing the written statement. He submits
that the delay occurred as the defendant had fallen ill, and
therefore, could not contact and give instructions to his
counsel. He further contends that the delay is inadvertent
and non-deliberate.
5. Ld. Counsel for the plaintiff submits that the
application may be allowed subject to costs.
6. I have heard the submissions and perused the record.
In view of the no objection of the counsel for the plaintiff,
the delay in filing the written statement stands condoned,
Cont..
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subject to a cost of Rs. 1,000/- to be paid to the plaintiff.
Cost has been paid to the plaintiff. Written statement is
taken on record.
7. Now, the application under Order VII Rule 11 CPC has
been taken up for disposal.
8. After some arguments, Ld. Counsel for the defendant
seeks to withdraw the application under Order VII Rule 11
CPC.
9. Accordingly, the application stands disposed of as
withdrawn.
10. At this stage, Ld. Counsel for the plaintiff seeks time
for filing replication.
11. Replication be filed with an advance copy to other
side.
12. List the matter for completion of pleadings/A/D of
documents/framing of issues on 24.07.2026.
(AYUSH SHARMA)
CIVIL JUDGE/EAST
KKD COURTS/22.05.2026
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