Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: CS 198/21
PRIYANKA TANWAR AND ANR. Vs. NEELAM TANWAR
03.08.2023
Present : Sh. Sachin Mittal & Sh. Shivek Rai Kapoor, counsels for the plaintiffs.
Sh. Brahmanand Gupta, counsel for defendant no.1.
Plaintiff has filed 02 separate applications; (i) under Order I Rule 10 of
CPC and; (ii) under Section 340 of Cr.PC. Copies supplied.
Plaintiff has also filed replication to the written statement of defendant
no.1. Counsel for the plaintiff has submitted that the written statement is yet to be
taken on record. He has sought directions that he may be permitted to withdraw the
replication with liberty to file the same, in case, the written statement is taken on
record. Liberty sought is granted. The replication shall not be taken off record.
Plaintiff shall be at liberty to file the same, in case, written statement is taken on
record.
Arguments on the application under Order VIII Rule 1 of CPC filed on
behalf of defendant no.1 as well as on applications under Order XXVI Rule 9 of CPC
and under Order XXXIX Rule 1 & 2 of CPC heard.
Defendant has also filed an application seeking waiving of the cost.
Record perused. Record shows that defendant no.1 failed to file the
written statement within the requisite period. Vide order dated 26.05.2022, the time
for filing the written statement was enlarged subject to the directions that defendant
no.1 shall deposit a cost of Rs.5000/- with DLSA. It was directed that defendant no.1
shall file the written statement within two weeks and supply the advance copy to the
plaintiff. Defendant failed to comply with the said directions and filed the written
statement only on 01.10.2022 i.e. way beyond 90 days.
P.T.O.
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Counsel for defendant no.1 has submitted that defendant no.1 is a
widow having no independent source of income. He has prayed that the cost imposed
by the court may be waived. This is a suit for declaration and permanent injunction.
Parties are related to each other. Considering the nature of the suit and the
submissions made by counsel for the defendant no.1, I deem it expedient to condone
the delay in filing the written statement. However, no ground for waiving of the cost
is made out. Defendant no.1 is granted last opportunity to deposit the cost imposed in
terms of order dated 26.05.2022.
At this stage, counsel for defendant no.1 seeks liberty to place on record
legible copy of a purported family settlement. Same be filed along with a copy for the
plaintiff.
Put up on 05.08.2023 for further proceedings.
(Sudhanshu Kaushik)
ADJ-02 & Waqf Tribunal
NDD/PHC/ND/03.08.2023
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