Interim Order 7

Order Details: COPY OF ORDER
Pdf Text: 23
Civ Suit 517/23
SATYA PAL KANOJIA Vs. SHRI HARI SINGH
17.01.2025
Matter taken up physically as well as through VC.
Present : Sh. Vinay, Ld. Counsel for the plaintiff, through VC.
Sh. Pravesh Kumar and Sh. Rajesh Kumar, Ld. Counsels
for the defendant.
Fresh vakalatnama filed on behalf of the defendants is taken on
record. Ld. Counsel for the defendant submits that they have been instructed
to make payment of the cost today, however, none has appeared on behalf of
the plaintiff physically for handover of the said cost. Moreover, Ld. Counsel
for the plaintiff is not audible on account of internet connectivity issues. In
view of the above, the cost shall be payable by the defendant on the NDOH.
Arguments heard on the application filed under Order VIII
Rule1 r/w Section 151 CPC. The entire copy of the plaint along with the
documents have been served on the defendant on 18.11.2023. The written
statement has been filed on 03.02.2024. It is averred that the written
statement could not be filed on account of illness of the Ld. Counsel for the
defendant. It would tantamount to injustice if the defendant is made to suffer
on account of lapse of counsel. The written statement has been filed within a
period of 90 days of effective service. The application is allowed and written
statement is taken on record. Replication, if any be filed within next two
weeks with an advance copy to the defendant.
List for framing of issues on 14.04.2025.
(T. Priyadarshini)
SCJ-cum-RC
East/KKD/17.01.2025
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