Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: CS no. 61/25
RAKESH KUMAR Vs. GOVIND SHARMA
10.07.2025
Present: Sh. Satya, Counsel for the plaintiff through VC.
Ms. Chanchal Sharma, proxy counsel for the
defendants.
Put up at 2.00 pm.
(SANJEEV JAIN)
Principal District & Sessions Judge,
North-East District, KKD/Delhi/10.07.2025
At 2.00 pm
Present: Sh. Satyapal, Counsel for the plaintiff.
Sh. Mahesh Chand, Counsel for both defendants.
Written statement, reply to application under Order
XXXIX Rule 1 & 2 CPC, application under Order VII Rule 11
CPC, application for condonation of delay in filing the written
statement, list of documents filed by defendants. Copy given.
Time requested by ld. Counsel for defendants to file
the documents relating to the sale/purchase of property in
question. Last opportunity granted to file these documents.
An application under Section 5 of Limitation Act by
defendants for condonation of delay in filing the written
statement.
Heard on the application. It is stated that no formal
reply to the application is required. Application opposed by ld.
Counsel for plaintiff. Without going into the nomenclature of the
application, the same is considered under Order VIII Rule 1 CPC
for extension of time for filing of written statement.
Contd2/….
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Vide order dated 20.05.2025, defendants were given
30 days time to file the written statement. There is delay of about
21 days but still the maximum period of 90 days has still not
expired. It is stated that written statement could not be filed as
the defendant no.2 had undergone IVF and the ld. Counsel has
suffered an accident. In view of the explanation, time extended
for filing of written statement subject to cost of Rs.3000/-.
I have explored the possibilities of settlement. Ld.
Counsel for defendants submitted that as per case of defendant,
he has no transaction with the plaintiff in respect of the suit
property, therefore, in my opinion there is no possibility of
settlement at this stage.
Put up for following steps:
1) For filing of replication/rejoinder, if any by plaintiff,
advance copy be given.
2) For filing of reply to application under Order VII Rule 11
CPC by the plaintiff. Advance copy be given and thereafter,
rejoinder, if any, may be filed.
3) Arguments on application under Order VII rule 11 CPC.
4) Arguments on application under Order XXXIX Rule 1 & 2
CPC.
5) Filing of original documents, admission and denial of
documents and framing of issues.
Parties to appear in person.
Put up on 21.08.2025.
(SANJEEV JAIN)
Principal District & Sessions Judge,
North-East District, KKD/Delhi/10.07.2025
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