Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 22 CS SCJ 862/24
DEEPAK Vs. RAM KARAN MUKHIYA
23.03.2026
Present: Sh. Rajat Tanwar and Sh. Abhishek, Counsels for plaintiff.
Defendant already proceeded ex parte vide order dated 2.02.2026.
Sh. Yash Kumar, Counsel for applicant Durga along with applicant.
Perusal of record shows that two applications had been filed on
behalf of applicant Durga, i.e. application under Order 1 Rule 10 CPC and
application for restoration of water supply/utilities.
On 12.02.2026, last opportunity was given to the applicant to
supply the said applications.
Counsel for plaintiff submits that the said applications have not
been supplied till date.
Counsel for applicant submits that he is supplying the copy today
and copy has been supplied today.
Counsel for plaintiff has opposed the same in view of delay caused
and submits that the applications are liable to be dismissed.
Counsel for applicant submits that due to technical difficulties with
his laptop, which occurred around the end of February 2026, therefore, he could
nto supply the copies of the said applications.
Counsel for plaintiff has again opposed the said submission.
Submissions heard. Record perused.
Perusal of record shows that vide order dated 27.05.2025, the
applicant was directed to supply the copies of the said applications. Further, as per
order-sheet dated 27.05.2025, the same counsel for the applicant had also marked
his appearance. As per the submissions advanced, the error occurred only at the
end of February 2026 but despite repeated direction, the copy had not been
supplied.
Therefore, in view of the delay caused, the applicant is
burdened with a cost of Rs. 3,500/- to be paid to the plaintiff within 07 days
from today.
Plaintiff has provided UPI details i.e. 9716087550 at which the cost
is required to be paid.
Let the cost receipt be filed on record within 07 days from today
failing which, this Court shall be constrained to proceed under Section 35B
CPC.
Reply, if any, be filed within 04 weeks from today against
advance copy.
List for arguments on both the applications on 19.05.2026.
Sh. Rupinder Singh Dhiman
ACJ/CCJ/ARC, NDD, PHC
New Delhi :23.03.2026
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