Order 12

Order Details: COPY OF ORDER
Pdf Text: CS 61/25
RAKESH KUMAR Vs. GOVIND SHARMA
12.05.2026
Present: Sh. Satya Pal, Ld. Counsel for plaintiff on VC.
Sh. Mahesh Chand, Ld. Counsel for defendant with
defendant.
No reply intended to be filed by the defendant to the
application of the plaintiff filed under Order 12 Rule 6 CPC.
Arguments heard.
It is submitted by Ld. Counsel for plaintiff that the defendant
in his WS under the heading ‘Reply on merits’ has simply denied
the contents of the corresponding para of the plaint which amounts
to admission in terms of Order 8 Rule 3 & 5 CPC. Per contra, Ld.
Counsel for defendant submits that he has laid down his defence in
the WS under the preliminary objection and under the heading True
Facts. In the opinion of this court, this is not the correct way of
pleading as recognized by the CPC, particularly Order 8 CPC.
However, it would not be in the interest of justice to allow the
application and pass judgment on the basis of a defective WS
wherein the case of the plaintiff has been opposed but the WS has
not been drafted in terms of Order 8 CPC.
Hence, the application is dismissed with liberty to the
defendant to amend the WS in terms of Order 8 CPC subject to cost
of Rs.5,000/-.
Put up for payment of cost and for filing of proper WS with
advance copy to Ld. Counsel for plaintiff for 16.07.2026.
(SANJAY SHARMA-I)
Principal District & Sessions Judge,
North-East District, KKD, Delhi/12.05.2026
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