Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: CS57/23
LOKESH KUMAR Vs. BHAGAT SINGH AND ANR
13.09.2023
Present: Sh. Aman Bhardwaj, ld. Counsel for plaintiff along with
plaintiff.
Sh. Mohd. Tariq, ld. Counsel for defendants along with
defendants.
This is the suit under Order XXXVII CPC. The defendants entered
into appearance but the same is delayed. An application under Order XXXVII
Rule 3 CPC has been moved on behalf of defendants for condoning the delay in
filing the appearance. The reply was filed on behalf of plaintiff.
Heard on the application. It is stated that defendant no. 2 and his
younger brother were not keeping well for long for which there is delay in filing
the appearance. Ld. Counsel for plaintiff while filing the reply denied the
averments of the defendants. The application is annexed with photocopies of
medical examination of defendant no. 2 and his younger brother. Considering the
averments made by the defendants and to decide the matter on merits rather on
technicalities, the delay in filing the appearance is hereby condoned subject to
cost of Rs.2000/- to be paid to the plaintiff. Cost be paid on NDOH.
Ld. counsel for plaintiff seeks time for filing the appropriate
application as to the further proceedings under Order XXXVII CPC.
At this stage, ld. Counsels for the parties submit that matter be
referred to mediation. Since, there is possibility of settlement between the parties,
the matter is being referred to the Mediation Center. Parties are directed to appear
before Ld. Incharge, Mediation Center, Karkardooma Courts, Delhi on
18.09.2023 at 2.00 pm.
Be put up for outcome of mediation settlement/further
proceedings on 20.10.2023.
(KAPIL KUMAR)
ADJ-01/NE/KKD/DELHI
13.09.2023 sb
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