Order 9

Order Details: COPY OF ORDER
Pdf Text: 8 Civ Suit 395/24 MONIKA Vs. AASHISH JAIN
06.02.2026
Present: Sh. Shrish, Ld. counsel for plaintiff alongwith
plaintiff.
Sh. Karan Singh, Ld. counsel for defendant.
Defendant already filed WS alongwith an
application u/s 151 CPC for recalling of order dated 25.09.2025
and another application u/s 5 of Limitation Act read with order 8
Rule 1 CPC. Copy supplied.
It is submitted by Ld. counsel for plaintiff that he
wish not to file reply on above applications and will straight
away argue on the same.
At request by both sides, matter is passed over for
12.30 PM.
(Ajay Kumar Malik)
JSCC/ASCJ/G. Judge(N/E)
06.02.2026
At 12:30 PM
Present: Sh. Shrish, Ld. counsel for plaintiff alongwith
plaintiff.
Sh. Ankit Tandon and Sh. Karan Singh, Ld. counsels
for defendant.
After brief argument from both sides it is submitted
by Ld. counsel for plaintiff that since the matter pertains to
-- 1 of 2 --
recovery suit, he has no objection if the above applications are
allowed subjected to heavy and examplary cost.
Perusal of record shows that leave to defend was allowed
on 02.08.2025 and WS and above applications were filed on
14.11.2025, so, after statutory period of 30 days there is delay of
more than 70 days. The above mentioned delay in filing of WS is
condoned and application u/s 5 of Limitation Act read with order
8 Rule 1 CPC filed by defendant is hereby allowed, subjected to
cost of Rs. 6,000/-.
Matter is adjourned for replication, admission-denial
and framing of issues.
It be relisted on 20.03.2026.
(Ajay Kumar Malik)
JSCC/ASCJ/G. Judge(N/E)
06.02.2026
-- 2 of 2 --