Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: Civ Suit 221/23
DHARAMBIR Vs. SONU KUMAR
25/11/2023
Pr. Ld. Counsel for the plaintiff.
Sh. Paritosh Sharma, Ld. Proxy Counsel for the defendant
no. 1 and 2.
Sh. N.K. Gupta, Ld. Counsel for the defendant no. 3.
Matter received back from mediation as unsettled.
Ld. Proxy Counsel for defendant no. 1 and 2 submits that
the deficient copies of plaint and documents have not been
supplied by the plaintiff till date.
Deficient copies have been supplied to the Ld. Counsel for
the D1 and D2 who seeks time to file the WS.
WS, if any, be filed within the period of limitation with
advance copy to the opposite party.
At this stage, it is observed that an application U/o 8 Rule
1 CPC r/w Section 151 CPC has been moved by the defendant
no. 3 along with the WS seeking condonation of delay in filng
the WS.
Ld. Counsel for the plaintiff submits that he does not
intend to file the reply to the application and has no objection if
the application at hand is allowed subject to imposition of cost.
Heard. Considering the no objection of the Ld. Counsel for
the plaintiff and the fact that it is always expedient and in interest
of justice that the matter is disposed of on merits and the parties
are permitted to place on record their pleadings, allowing the
defendant to file WS would not in any manner cause any
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prejudice to the plaintiff. The application at hand stands allowed
subject to cost of Rs. 1,000/ payable to the plaintiff. WS of
defendant no. 3 is taken on record.
Replication, if any, be filed before NDOH with advance
copy to the opposite side.
Now to come up for completion of pleadings and framing
of issues on 21/03/2024.
(Prigya Gupta)
ASCJcumJSCCcumGuardian Judge,
East, KKD Courts, Delhi/25/11/2023
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