Order 5

Order Details: COPY OF ORDER
Pdf Text: 21 Civ Suit 631/25 AMIT KUMAR ALIAS AMIT Vs. PAWAN KAPOOR
25.08.2026
Present: Sh. Israr Ahmed, Ld counsel for the plaintiff (through VC).
Sh. Karan Arora, Ld counsel for the defendant with defendant.
Fresh Vakalatnama filed on behalf of the defendant. The same is
taken on record.
It is noted that the defendant was served by way of summons on
06.09.2025 and WS in the present case was filed only on 26.02.2026 without
any application seeking condonation of delay in filing of WS. The court has
already granted opportunity to defendant to move such application subject to
cost, however, neither the cost has been paid nor any such application have
been made.
Accordingly, WS has been taken off the record.
The defendant has been examined under Section 168 BSA.
As per record, an application under Order 39 Rule 10 CPC made
on behalf of the plaintiff is pending.
Ld counsel for the defendant has submitted that as he has been
recently engaged, some time may be granted for filing response to the
application.
In the interest of justice, one opportunity is granted to the
defendant for filing of the reply of the said application.
Ld counsel for the defendant has continuously submitted that the
defendant could not obtained the file from the previous counsel and for the
same reason he is in difficulty to comply with the previous order and to file the
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responses. It is also submitted by him that the defendant should not have been
examined as the defendant was not prepared and the counsel had no
information regarding the case. It has been apprised to the counsel for the
defendant that the court has exercised its powers under Section 168 of BSA
which permits examination of the parties before it and the objections made by
him are uncalled for.
Be that as it may, let the case be re-notified arguments on the
application under Order 39 Rule 10 CPC/further proceedings on 27.10.2026.
(NITISH KUMAR SHARMA)
ACJ-cum-CCJ-cum-ARC (East)
KKD Courts, Delhi/25.08.2026
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