Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 7
Civ Suit 477/25
RIHANA (SR. CITIZEN) Vs. ANIS KHAN
10.03.2026
Present: Sh. Wahid Ali Khan, Ld. Counsel for the plaintiff.
Sh. Mohd. Arif, Ld. Counsel for the defendant no. 1
and 2.
Arguments heard from both the parties.
Ld. Counsel for the applicant / defendant who has
moved application for condonation of delay in filing WS submits
that due to his personal difficulty that he was undergoing
treatment at Army Hospital from 01.12.2025 till 06.01.2026 and
was on bed rest till 15.01.2026, the WS could not be filed within
30 days.
Per contra Ld. Counsel for the plaintiff / non-
applicant opposes the application on the ground that no medical
documents have been filed by Ld. Counsel for the plaintiff to
substantiate the grounds for delay.
Heard both parties.
Considering the spirit of proviso appended to u/O 8
Rule 1 CPC the court may in its discretion permit filing of WS
beyond the period of 30 days but not later than 90 days.
In the instant matter the WS has been filed within
the period of 90 days from the date of receiving of summons by
the defendant. Thus, considering the personal difficulty of the
counsel for applicant the application for condonation of delay for
filing WS is allowed subject however to the cost of Rs. 1000/- to
Contd….
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be paid to the plaintiff in order to ensure interest of justice.
Cost paid. WS be taken on record.
Ld. Counsel for the plaintiff seeks time to file
replication. It is made clear that only one opportunity will be
granted for the same.
Replication, if any, be filed on or before the NDOH
with advance copy to opposite side atleast one week prior to
NDOH, failing which the opportunity shall be closed.
List the matter for filing of replication / framing of
issues on 09.04.2026.
Pranat Kumar Joshi
ACJ-cum-ARC-cum-CCJ
North-East/Karkardooma Courts,
Delhi/10.03.2026
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