Interim Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Civ Suit 612/24
BHAGAT SINGH (SENIOR CITIZEN) Vs. UPENDER MEHTO
04.11.2025
Present:- Mr. Rajeev Kumar Rai, Ld. Counsel for the paintiff.
Mr. Pradyuman, Ld. Counsel for LRs of defendant
no. 1 and defendant no. 3.
Ms. Kirti, Ld. Counsel for defendant no. 2.
1. Joint written statment filed on behalf of defendant no. 1 (i,
ii, iii and iv) and defendant no. 3. Separate written statement filed
by defendant no. 2.
2. Ld. Counsel for the plaintiff submits that there is a delay of
approximately 100 days in filing the WS by both defendants.
3. Ld. Counsel for LRs of defendant no. 1 and defendant no. 3
submits that the delay is inadvertent and non deliberate. He
further submits that the defendants had also filed an application
for enlargement of time.
4. I have heard the submissions and perused the record. A
court cannot be more compassionate in extending the time
beyond the period fixed by the statute and thus the submission
with regard to enlargement of time is misconceived. It is well
settled that the procedural rules are meant to facilitate justice and
not for imposing punishment and penalties. It is always preferable
that disputes should be adjudicated on merits. Considering the
submissions of the defendants, the delay in filing the written
statements stands condoned subject to a cost of Rs. 2000/- each to
be paid to plaintiff by the defendants. Subject to payment of costs,
the written statements be taken on record.
Cont...
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5. Ld. Counsel for the plaintiff seeks time for filing
replication.
6. Replication be filed with an advance copy to other side.
7. List the matter for consideration on the point of
maintainability of suit/completion of pleadings/A/D of
documents/framing of issues on 28.01.2026.
(AYUSH SHARMA)
CIVIL JUDGE/EAST
KKD COURTS/04.11.2025
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