Interim Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 1
16 Civ Suit 548/25
MOHD AKBAR Vs. MOMINA BEGUM
09.09.2026
Present: Mr. Firoj Alam, Ld. Counsel for the plaintiff.
Mr. Ashok Thagal, Ld. Counsel for the defendant.
No reply to application U/o VIII Rule 1 CPC filed
till date.
However, Ld. Counsel for plaintiff submits that he
shall straight away advance arguments.
Application is taken up for consideration.
Ld. Counsel for plaintiff submits that application
may be allowed subject to cost.
It is stated in the application that defendant is a
widow of 57 years of age and suffering from financial crisis.
Further, it is stated that her Ld. Counsel after being
engaged was undergoing physical illness. It is because the
defendant was constrained in financial crisis and due to the
medical sufferings of her Counsel could not meet him regarding
the case and WS could not be prepared and filed within time.
As per record, defendant was served on 23.12.2025
and WS has filed on 28.07.2026. Apparently, there is a delay of 6
months in filing of the WS. In the application seeking
condonation of delay in para no.5 defendant has not mentioned
any ground of physical illness of the Ld. Counsel.
Further, no supporting documents of either Ld.
Counsel or the defendant has been filed regarding the medical
illness.
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2
The relevant provision U/o VIII Rule 1 CPC is
reproduced below:
1. Written statement. The defendant shall, within
thirty days from the date of service of summons on
him, present a written statement of his defence:
Provided that where the defendant fails to file the
written statement within the said period of thirty days,
he shall be allowed to file the same on such other day,
as may be specified by the Court, for reasons to be
recorded in writing, but which shall not be later than
ninety days from the the date of service of summons.
No sufficient cause for condonation of delay in filing of
WS is made out. Accordingly, I see no ground to allow this
application and present application U/o VIII Rule 1 CPC
stands dismissed.
Put up for PE on 16.11.2026.
(TANIA SINGH)
SCJcumRC (NorthEast)
KKD Courts09.09.2026
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