Interim Order 12

Order Details: COPY OF ORDER
Pdf Text: 5 Civ Suit 246/23
SANTOSH SHARMA Vs. KISHAN SHARMA AND ANR.
21.04.2025
Present: Sh. A.K. Sharma, Ld. Proxy Counsel for plaintiff.
Defendant no.2 in person.
At request of defendant no.2, be awaited till 12.00 pm.
(Dr. Saema Jain)
JSCC/ASCJ/G. Judge(N/E)
21.04.2025
At 12.00 PM
Present: Sh. Krishan Gopal, Ld. Counsel for plaintiff.
Sh. Shashikant, Ld. Counsel for defendants
alongwith defendant no.2.
Written statement on behalf of defendant no.1
alongwith supporting affidavit and an application under Order 8
Rule 1 CPC has been filed. Copy supplied.
Arguments have been heard on the condonation
application. Record has been perused.
There is a delay of approx. 63 days in filing of written
statement. It has been submitted by ld. Counsel for defendant that
the WS could not be filed in time due to the ill health of uncle of
defendant no.1. Relevant medical documents have been filed
alongwith the application.
In view of the submissions and in the interest of justice,
the application under Order 8 rule 1 CPC is allowed and the delay in
filing of WS is hereby condoned. The WS is, accordingly, taken on
record.
The plaintiff is directed to file replication, if any, to the
WS of defendant no.1 with advance copy to defendants before the
next date of hearing.
Further, it is observed that the plaintiff has not filed
amended memo of parties as directed vide order 15.01.2025. The
plaintiff is directed to positively file the amended memo of parties
on or before of next date of hearing.
Put up for completion of pleadings, admission-denial of
documents and framing of issues on 22.05.2025.
(Dr. Saema Jain)
JSCC/ASCJ/G. Judge(N/E)
21.04.2025
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