Interim Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 21
Civ Suit 564/24
INDU SHARMA Vs. MOHD IMRAN FAROOQUI
27.05.2025
Present: None for the plaintiff.
Defendant in person with Ld. Counsel Sh. Mohd.
Danish.
Arguments on application u/s 5 Limitation Act
seeking condonation of delay in filing the WS heard.
It is the argument of Ld. Counsel for the defendant
that the defendant had received the copy of plaint on 21.01.2025
and on 06.02.2025 time was granted to the defendant to file WS.
Thereafter, as per the submission of Ld. Counsel, due to election
as well as abstain from work by advocates, WS could not be
filed. Ld. Counsel has submitted that the delay in filing WS is
neither intentional nor deliberate.
Per contra, Ld. Counsel for the plaintiff has
submitted that the proper application for filing of condonation
under the CPC has not been filed by the defendant. Ld. Counsel
has submitted that the application mentions no cogent reasons for
delayed filing of WS.
Heard.
Perusal of the record reveals that copy of the plaint
was supplied to the defendant on 21.01.2025 and WS was filed
on 03.04.2025 with a delay of 42 days but within the time period
of 90 days as prescribed in order 8 Rule 1 CPC. Perusal also
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reveals that the application for condonation of delay in filing of
WS was filed on 16.04.2025.
Perusal of the application reveals that no reasons or
documents have been filed by the defendant to substantiate the
delay in filing the WS. However, considering the principle that
procedures are mere handmade for justice and for fair
adjudication of suit, I deem it appropriate to allow the application
for condoning the delay in filing WS subject to cost of Rs.
4,000/- to be paid by the defendant to the plaintiff on the next
date of hearing. WS shall be taken on record upon paying the
cost to the plaintiff on the next date of hearing.
With these observation, application is disposed off
as allowed.
Put up for payment of cost / filing of replication on
07.07.2025.
Animesh Bhaskar Mani Tripathi
ACJ-cum-ARC-cum-CCJ
North-East/Karkardooma Courts,
Delhi/27.05.2025
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