Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Civ Suit 662/24
NITIN KUMAR Vs. SHIVANGI
10.11.2025
Present:- Ms. Deepa Chaudhary, Ld. Counsel for the plaintiff.
Mr. Vipun Gupta, Ld. Counsel for the defendant no.
2.
None for defendant no. 1.
1. An application under Order I Rule 10 CPC has been filed
on behalf of plaintiff seeking deletion of defendant no. 1 from the
array of parties.
2. The application is allowed and accordingly disposed of.
Defendant no. 1 is deleted from the array of parties.
3. Plaintiff is directed to file amended memo of parties within
a period of one week from today.
4. WS alongwith an application under Order VIII Rule 1 CPC
alongwith an application under Order VII Rule 11 CPC filed on
behalf of the defendant no. 2.
5. Ld. Counsel for the defendant submits that in the
application under Order VIII Rule 1 CPC, a request has been
made to recall the order dated 30.08.2025 by which the right of
defendant no. 2 to file the written statement was closed. He
further submits that the delay of 142 days in filing the WS
occurred due to reasons beyond his control, as he himself is a
bronchitis patient and was therefore, unable to file the written
statement within the stipulated time.
6. Ld. Counsel for the plaintiff submits that in paragraph 4 of
his application, the counsel for defendant has stated that he
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suffered an asthma attack on 27.08.2025, however, even
thereafter, the WS was not filed till today. She requests that any
delay be condoned subject to imposition of exemplary costs.
7. I have heard the submissions and perused the record. The
provision of Order VIII Rule 1 CPC is directory in nature and it
does not take away the power of court to accept the written
statement beyond the period prescribed under Order VIII1. It is
always preferable that matters be adjudicated on merits.
Considering the reasons submitted, the previous order is recalled
and the delay in filing the WS is condoned, subject to payment of
costs of Rs. 1500/- to the plaintiff. The WS is taken on record.
8. Ld. Counsel for the plaintiff seeks time for filing
replication.
9. Replication (if any) be filed with an advance copy to other
side.
10. List the matter for arguments on the application under
Order VII Rule 11 CPC/framing of issues on 05.01.2026.
(AYUSH SHARMA)
CIVIL JUDGE/EAST
KKD COURTS/10.11.2025
1 Atcom Technologies Ltd. Vs. Y.A. Chunawala and Companies & Ors. (2018) 6 SCC
639, paragraph 19 & 20.
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