Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF MR. SATYABRATA PANDA, DJ-04,
PATIALA HOUSE COURTS, NEW DELHI
26 CS 360-24
Virendar Singh And Anr Vs. Sunny Dhingra
21.08.2025
Present: Sh. Sandeep Khatri, Ld. Counsel for plaintiff
through VC.
Ms. Jyoti, Ld. Counsel for defendant.
Ld. counsel for plaintiff has filed reply to the
application u/o 12 Rule 6 CPC for judgment on admission. Copy
has been supplied.
Ld. counsel for the defendant has submitted that the
defendant was served with the summons through his sister on
04.12.2024. It is submitted that there is a delay of 96 days in
filing of the written statement because the records relating to the
subject matter of the suit were not traceable with the defendant
and that the defendant had to make extensive efforts to search the
same but because of changing of the mobile set of the defendant,
the same was not traceable. Ld. counsel for the defendant has
submitted that in the interest of justice, the delay in filing the
written statement may be condoned.
On the other hand, Ld. counsel for the plaintiff has
vehemently opposed the application. It is submitted that the
defendant has only sought to make excuses for the condonation
of delay. It is submitted that although the defendant has
mentioned in the application that the delay was caused because
certain records relating to the suit were not traceable, however,
the defendant has not filed any documents along with the written
statement, which only shows that the defendant was making false
averments.
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I have considered the submissions of the Ld.
counsels for the parties.
As per the case of the defendant in the application,
there was delay in filing of the written statement since it took
time for the defendant to trace certain records which could not be
traced due to an alleged change in the mobile set. Although the
defendant has not filed any documents along with the written
statements, however, in the interest of justice, the benefit of the
doubt is given to the defendant, and the delay in filing the written
statement is condoned, however, subject to costs of Rs. 5,000/- to
be paid by the defendant out of which Rs. 2,000/- shall be paid to
the plaintiffs and Rs. 3,000/- shall be paid into the NDBA
Members Welfare Fund Account No.18580110013847.
The written statement is taken on record.
Let the replication, if any, be filed within 15 days
with advance copy to the other side.
Let reply to the application u/o 12 Rule 6 be also
filed within 15 days with advance copy to the other side.
Both parties are also directed to file the affidavits of
admission-denial of documents within 15 days with advance
copy to the other side.
Relist for consideration of the application u/o 12
Rule 6 CPC on 04.10.2025.
(SATYABRATA PANDA)
District Judge-04
Judge Code- DL01057
PHC/New Delhi-21.08.2025
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