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Order 5

CNR DLET03001262202421 Jul 2025
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Order 5 · 21 Jul 2025 · CNR DLET030012622024

Order Details: COPY OF ORDER
Pdf Text: 15 Civ Suit 784/24
JAGDISH KUMAR PAWAR Vs. RAHUL NAGLE
21.07.2025
Present: Sh. Raju, Ld. Counsel for the plaintiff alongwith
plaintiff.
Sh. Aditiya, Ld. Counsel for the defendant alongwith
defendant.
Cost of Rs.1,000/- paid by defendant to plaintiff.
An application under Section 151 CPC has been filed on
behalf of the defendant for setting aside order dated 04.03.2025. Taken
on record. Copy supplied.
Arguments heard. Record perused.
Ld. Counsel for the defendant admits that the defendant
received the summons in November, 2024 by way of whatsapp as well
as speed post. It is, however, submitted that the WS could not be filed
in time as the defendant’s father was extremely ill and ultimately
passed away on 14.01.2025.
In view of the ground mentioned in the application, it
appears that the non-filing of the WS in time was not deliberate or
intentional. Accordingly, in the interest of justice, the application
stands allowed and order dated 04.03.2025 is recalled. The defendant
is given one opportunity to file the WS. He is directed to supply
advance copy of the same to the plaintiff at least 15 days prior to the
NDOH.
The plaintiff is directed to file replication, if any, with
advance copy to the opposite party before the NDOH.
Be put up for completion of pleadings, admission-denial/
framing of issues on 23.09.2025.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
21.07.2025
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