Order 2

Order Details: COPY OF ORDER
Pdf Text: CS No. 79/23
VINIT KUMAR Vs. KANHAIYA
10.04.2023
Present: Sh. Sunil Dutt Sharma, Ld. Counsel for the plaintiff.
Sh. Vijay Kumar, Ld. Proxy counsel for the
defendant.
Summons to the defendant sent through Nazarat
branch received back unserved. The address of the defendant is
stated to be not traceable.
Ld. Counsel for the plaintiff has filed consignment
tracking report of speed post along with Postal receipt to show
delivery of consignment. As per consignment tracking report, the
delivery of consignment was confirmed on 17.03.2023.
File perused.
An application u/O 37 rule 3 of CPC and
Vakalatama filed on behalf of the defendant for entering
appearance are put up with file. Address of the defendant for
issuance of summons for judgment is mentioned in the
application. The application was filed on 28.03.2023.
It is submitted by Ld. Counsel for the plaintiff that
the appearance has not been entered within the stipulated time of
10 days and there is delay of one day.
On the other hand, Ld. Proxy counsel for the
defendant has stated that the defendant received the summon on
18.03.2023 and entered appearance within the stipulated time of
10 days from the date of receipt of the summon. Alternatively,
Ld. Proxy counsel has prayed to condone the delay in entering
appearance.
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Considered.
In the interest of justice, the delay is condoned
subject to cost of Rs.1000/- (Rupees one thousand only) to be
payable by the defendant to the plaintiff.
Time is sought on behalf of the plaintiff to take steps
for issuance of summons for judgment.
Opportunity given.
List on 04.05.2023.
(Sujit Saurabh)
JSCC/ASCJ/G. Judge(N/E)
10.04.2023
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