Full Order Text
Interim Order 5 · 31 Jan 2026 · CNR DLET030005622025
Order Details: COPY OF ORDER Pdf Text: -1- 6. Civ Suit 392/25 Deepak Paliwal Vs. Prem Singh 31.01.2026 Present: Sh. Sanchit Seghal, Ld. Counsel for the plaintiff. Sh. Parnav Mishra, Ld. Counsel for the defendant. WS alongwith condonation of delay application and vakalatnama has been filed on behalf of defendant. Copy supplied. Arguments have been heard on the condonation of delay application. Record has been perused. There is a delay of approximately 90 days in filing the WS. The reason provided for the delay is that the defendant due to financial constraints was unable to continue with the previous counsel and some time was consumed in engaging a fresh counsel. It has also been argued that the defendant is not well educated and is not aware of the legal process and therefore, more time was taken in engaging the counsel and preparing the documents. Per contra, ld. Counsel for the plaintiff has vehemently opposed the application stating that no justifiable reason has been given for explaining the delay. It has been argued that most litigants are lay persons without knowledge about law; however, this by itself cannot constitute sufficient cause for condoning delay in filing of WS. Upon consideration of the rival submissions made by the parties and after careful perusal of the record, this court is of the opinion that there is considerable delay in filing of the WS. Also, the reason provided is generic and does not satisfactorily -- 1 of 2 -- -2- explain the delay. Despite the same, in the interest of justice and keeping in mind the principle that matters ought to be decided on merits rather than on technicalities, as far as possible, the application is allowed and the WS is taken on record. However, the defendant is burdened with a cost of Rs.2,000/- to be paid to the plaintiff on the NDOH to compensate for the delay caused. The defendant has also filed applications under Order 7 Rule 11 r/w Section 151 CPC and under Order 1 Rule 10 CPC. Taken on record. Copy supplied. The plaintiff is directed to file replies, if any, to the applications with advance copy to the defendant at least a week prior to the NDOH. Be put up for arguments on the aforesaid application on 18.04.2026. (Dr. Saema Jain) JSCC-cum-ASCJ-cum-Guardian Judge East/KKD Courts/Delhi 31.01.2026 -- 2 of 2 --