Order 3

Order Details: COPY OF ORDER
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11 Civ Suit 807/25
Kashmeeri Lal Dua Vs. Gaurav Khosla
08.04.2026
Present: Sh. Brijesh Kumar Sharma, Ld. Counsel for the
plaintiff.
Sh. Rajesh Ranjan, Ld. Counsel for the defendant.
WS alongwith condonation of delay application has
been filed on behalf of the defendant. Copy be supplied.
Arguments have been heard on the condonation of
delay application. Record perused.
There is an approximate delay of 48 days in filing
the WS (inadvertently mentioned as 79 days in the application).
It is submitted on behalf of the defendant that the delay occurred
as considerable time was taken in tracing the records pertaining
to the tenancy of the property. It is further submitted that the
delay was neither unintentional nor deliberate.
Ld. Counsel for the plaintiff vehemently opposes the
application and submits that no justifiable cause has been
provided for the delay in filing the WS.
In the opinion of this court, the delay does not
appear to be mala fide or intentional. Thus, considering the facts
and circumstances and for the reasons mentioned in the
application, the delay in filing the WS stands condoned. The WS
is accordingly, taken on record. However, a cost of Rs.1,000/- is
imposed upon the defendant to be paid to the plaintiff to
compensate for the delay caused. Cost paid.
The plaintiff is directed to file replication, if any,
with advance copy to the opposite party before the NDOH.
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Also, an application under Order 7 Rule 11 CPC has
been filed on behalf of the defendant. Taken on record. Copy
supplied.
The plaintiff is directed to file reply, if any, to the
application with advance copy to the defendant at least a week
prior to the NDOH.
Be put up for arguments on the aforementioned
application / further proceedings on 18.07.2026.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
08.04.2026
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