Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: 4 Civ Suit 409/24
MOHD ARIF Vs. SANDEEP
27/01/2025
Present: Plaintiff with Ld. Counsel Sh. P.R. Sharma.
Defendant through VC.
Sh. Pradeep Giri, Ld. Proxy Counsel for the
defendant.
Cost of Rs. 500/- paid on behalf of the defendant to
the plaintiff.
WS, vakalatnama along with an application U/o 8
Rule 1 CPC has been filed on behalf of the defendant on
19/11/2024.
Ld. Counsel for the plaintiff submits that he has no
objection to the application of the defendant U/o 8 Rule 1 CPC
subject to cost.
Record is perused. The defendant was served on
11/09/2024 and the WS along with the application for
condonation of delay was filed on 19/11/2024. There is a delay of
around 38 days in filing the WS.
Considering the reasons cited in the application, the
fact that the WS was filed within 90 days of service and the no
objection of the Ld. Counsel for the plaintiff, the application at
hand is allowed subject to cost of Rs. 1,500/- payable to the
plaintiff on the next date of hearing.
Replication has been filed on behalf of the plaintiff.
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Copy supplied to the Ld. Proxy Counsel for the
defendant.
Pleadings are complete. On the pleadings of the
parties, following issues are being framed :-
1. Whether the plaintiff is entitled for a money decree
for a sum of Rs. 3,00,000/- along with pendente lite and future
interest @18% per annum from the date of filing of the present
suit till its actual realization? OPP.
2. Whether the plaintiff is entitled to the
pleader’s/advocate’s fees and cost of the suit? OPP.
3. Relief.
No other issue arises or is pressed for. List of
witnesses by both the parties be filed within 15 days from today
with advance copy to the other side.
Affidavits of evidence of PWs be filed on or before
the NDOH with advance copy to the defendant at least one week
prior to the NDOH.
Now to come up for PE on 18/02/2025.
(PRIGYA GUPTA)
SCJ-cum-RC (North-East)
KKD Courts/27/01/2025
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