Interim Order 16

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 15 CS 174/22
BRAHM PRAKASH (SENIOR
CITIZEN) Vs. NITIN GUPTA
18.02.2026
Present: Sh. Atul Tanwar, Ld. Counsel through VC and Ms.
Anshika, proxy counsel for plaintiff with plaintiff.
Sh. Rajesh Yadav, Ld. counsel for defendant through
VC and proxy counsel, Sh. Dinesh Yadav in person.
Today, matter was listed for cross examination of
witness. On the last date of herein, this court has directed the
plaintiff to file affidavit in evidence and supply advance copy of
the same to defendant. This court has further imposed cost of
Rs.5000/- upon the plaintiff for non compliance of order dated
18.09.2025.
It is apprised by Ld. counsel for defendant that
advance copy of affidavit was not supplied tot him. It is further
stated that the copy of affidavit and list of witness is supplied
today only.
Another application seeking waiver of cost is filed
by the plaintiff stating that plaintiff is a senior citizen and that
wife of the plaintiff is undergone heart surgery and therefore the
affidavit could not be filed on time.
Perusal fo record reveals that in the present matter
issues were framed by this court on 14.07.2025, when the
plaintiff was directed to file affidavit in evidence and supply
advance copy to defendant.
Thereafter, again on 18.09.2025, adjournment was
sought by plaintiff and matter was listed for 01.12.2025. Again
on 01.12.2025, affidavit was not filed and cost of Rs.5000/- was
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imposed. On 01.12.2025, this court has directed to supply
advance copy of affidavit to defendant, which was not complied
with and copy of affidavit was supplied today only.
In view of the same, this court is of the view that no
ground for waived of cost is made out. In view of the same,
application for waiver of cost stands dismissed.
Now to come up for cross examination on
12.05.2026.
(Anubhav Jain)
District Judge -05, NDD,
PHC/ND/18.02.2026
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