Order 14

Order Details: COPY OF ORDER
Pdf Text: Civ Suit 408/2025
HARPAL SINGH KOCHHAR
Vs.
SUNIL KUMAR CHAUHAN
03.07.2026
Present: Mr. Gagan Jindal, Ld. Counsel for the plaintiff
(through VC).
Mr. Hitesh Bhardwaj & Mr. Himanshu, Ld. Counsels
for the defendant.
Ld. Counsel for the defendant has filed judgement
titled ‘Bharat Singh vs. Karan Singh’ passed by Hon’ble High
Court of Delhi, CS(OS) 572/2022 & I.A 11530/2022, I.A.
39184/2024 & I.A. 39185/2024, in support of his arguments on
application under Order 8 Rule 1 of CPC.
Arguments heard on application under Order 8 Rule
1 of CPC.
Put up for orders on the aforesaid application today
itself at 04:00 PM.
(TANIA SINGH)
SCJ-cum-RC (North-East)
KKD Courts-09.04.2026
At 04:05 PM.,
Present: None.
Vide this order, I shall dispose off the application
under Order 8 Rule 1 of CPC moved on behalf of the defendant
Civ Suit 408 of 2025
Harpal Singh Kochar Vs. Sunil Kumar Chauhan
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seeking condonation of delay in filing of WS has been filed on
01.09.2025. Reply is already on record.
Arguments heard on the aforesaid application from
both the sides are considered. Record is perused.
Vide the aforesaid application, the defendant seeks
to condone the delay in filing the WS.
It is stated in the application that the defendant had
put in appearance before the Court for first time on 29.04.2025
when the copy of the plaint was supplied to his Counsel on the
same day through Whatsapp by Ld. Counsel for the plaintiff. It is
further submitted that on the very first date, the matter was
referred to the Delhi Mediation Centre for exploring settlement
with the consent of both the parties. It is further stated that the
defendant had attended every proceeding before the Mediation
Centre though with the help of officials of plaintiff’s company,
the terms of settlement were roughly written between the parties
before the Ld. Mediator to make it finalize. It was observed that
certain terms of the settlement was not allowable to be reduced in
writting in Mediation proceedings due to some legal impediment
and the parties were asked to settle the matter out of the Court.
The matter was sent back to this Court as ‘unsettled’ vide report
dated 01.08.2025. It is further submitted that there is a delay of
93 days in filing the WS which was neither intentional nor
deliberate on the part of the defendant but due to the reasons
explained in the present application. Ld. Counsel for the
defendant has filed judgement titled ‘Bharat Singh vs. Karan
Civ Suit 408 of 2025
Harpal Singh Kochar Vs. Sunil Kumar Chauhan
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Singh’ passed by Hon’ble High Court of Delhi, CS(OS) 572/2022
& I.A 11530/2022, I.A. 39184/2024 & I.A. 39185/2024, in
support of his arguments on application under Order 8 Rule 1 of
CPC.
Reply to the aforesaid application has been filed on
behalf of the plaintiff stating that the defendant has miserably
failed to disclose one single plausible ground which could fall
into the category of ‘sufficient cause’. It is further stated that
defendant has put all the blame of his own reluctancy and
ignogrance on the plaintiff and falsely stated that since the matter
was pending before the Mediation Centre hence, delay in filing
of WS be condoned.
As per record, defendant was served on 29.03.2025
and WS along with application under Order 8 Rule 1 of CPC
seeking condonation of delay in filing of the WS was filed on
01.09.2025.
It is well settled that procedure is the handmaid of
justice and is essentially intended to subserve the cause of justice.
The rules of procedure are not to be weaponized to punish the
parties in conduct of the proceedings. Furthermore, no prejudice
would be caused to the plaintiff, if the written statement is taken
on record. It is always expedient and in interest of justice that the
matter is disposed of on merits.
Therefore, keeping in view the entire facts and
circumstances of the case and that scales of justice are to be
balanced while deciding the present application, the application
Civ Suit 408 of 2025
Harpal Singh Kochar Vs. Sunil Kumar Chauhan
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at hand stands allowed subject to cost of Rs. 1000/- to be paid to
the plaintiff on the next date of hearing. The written statement of
defendant is taken on record.
Replication/reply, if any, be filed before NDOH with
advance copy to the opposite party.
Now to come up for completion of pleadings and for
framing of issues on 12.08.2026.
(TANIA SINGH)
SCJ-cum-RC (North-East)
KKD Courts-03.07.2026
Civ Suit 408 of 2025
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