Order 6

Order Details: COPY OF ORDER
Pdf Text: 2 CS 4230/24
NARENDRA KASHYAP Vs. TARUN SARDA
16.09.2026
Present : Sh. Manoj Nishad, Ld. Counsel for the plaintiff.
None for the defendant no. 1.
Sh. Sahil Rao, Ld. Counsel for the defendant no. 2.
Sh. Randhir Singh, Ld. Counsel for the defendant no. 3.
It is reported by the process server that he reached the
Vasant Kunj address of defendant no. 1; Mr. Tarun Sarda where he
was informed by the person present that Mr. Tarun Sarda for past 3
years is bed ridden and he is unwell. Defendant no. 1 was
accordingly served by way of affixation. Defendant no. 1 was also
served through affixation upon the Vintage 28A, Jia Sarai, Near IIT,
New Delhi address. The plaintiff has also placed on record tracking
report issued by the postal authorities wherein defendant no. 1 is
reported to have been duly served at his Vasant Kunj address.
In these circumstances, defendant no. 1 is deemed to
have been served. Despite service, none has opted to appear on
behalf of the defendant no. 1. 15 more days are granted to the
defendant no. 1 to file written statement.
Written statement along with authority letter and
Vakalatnama has been filed on behalf of the defendant no. 2 along
with an application under section 5 of the Limitation Act read with
section 151 CPC. It is intimated to the Court that there is delay of
about 53 days in filing of the written statement.
Counsel for the plaintiff at the very outset fairly
submits that for expeditious disposal of the suit, the delay may be
condoned subject to exceptional costs.
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Considering the gracious concessions made by he
counsel for the plaintiff, delay of 53 days stands condoned subject
to cost of Rs.30,000/- to be paid to the plaintiff herein. The
application accordingly stands disposed off.
Defendant no. 3 has also filed written statement along
with power of attorney along with application seeking condonation
of delay.
Counsel for the plaintiff once again fairly submits that
for expeditious disposal of the suit, the delay in filing WS may be
condoned.
Considering gracious concessions made by counsel for
the plaintiff, delay in filing WS stands condoned subject to cost of
Rs.25,000/- to be paid to the plaintiff herein. The application
accordingly stands disposed off.
The plaintiff shall be at liberty to file replication qua
written statement filed by the defendants within 15 days of receipt
of copy.
The parties are directed to file their affidavit of
documents admission-denial, after mutually exchanging the same
amongst themselves, well before the NDOH.
Now to come up for filing replication, admission-denial
and framing of issues in the matter on 05.01.2027.
(Dharmender Rana)
District Judge – 01
PHC/New Delhi/16.09.2026
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