Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Civ Suit 951/23
ANUBHAV BHARDWAJ Vs. SOMVEER NAYAK
16.12.2024
Present: Mr. Gagan Bindra, Ld. Counsel for the plaintiff.
Mr. Akhil Goyal, Ld. Counsel for the defendant.
In support of application seeking condonation of delay, Ld.
Counsel for the defendant has filed printouts of screenshots indicating as
to the manner in which he had tried to contact Ld. Counsel for the plaintiff
after entering appearance on 27.01.2024. Taken on record.
Arguments heard.
It has been explained in the application seeking condonation
of delay the manner and circumstances under which the appearance was
ultimately filed in Court vide a delay of about 02-03 days. It appears that
such delay took place only on account of making efforts in reaching out to
the Ld. Counsel for the plaintiff and was not intentional. Since ultimately
the appearance came to be entered into about 02-03 days thereafter and no
exorbitant delay was ultimately caused, this Court is of the view that the
defendant has been able to make out sufficient cause for the delay as
aforesaid within the meaning of Order 37 Rule 3(7) CPC. Considering the
same, delay of 02-03 days is hereby condoned.
Contact details with regards the defendant already stand
filed in the appearance that was made.
As such therefore, the plaintiff is directed to serve upon the
defendant summons of judgment in Form No. 4A in Appendix B / as
prescribed verifying therein the cause of action and the amount claimed
together with other details of the suit returnable in 10 days from the date
of service. Subject to such service, the defendant to file an application
seeking leave to defend within the time period prescribed as per Order 37
Rule 5 CPC.
Re-list on 10.02.2025.
(Gaurav Sharma)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
16.12.2024
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