Order 3

Order Details: COPY OF ORDER
Pdf Text: 6 CS DJ 31/26 Onkar Singh(SENIOR CITIZEN) Vs. Jaspal Kaur
22.07.2026
Present: Sh. Puru Saroha Ld. Counsel for plaintiff alongwith
plaintiff.
Sh. Tushar Yadav, Ld. Counsel for defendant
alongwith defendant.
1. WS was filed with the delay of 22 days. An application u/s 5 of
Limitation Act is preferred by the defendant seeking
condonation of delay of 22 days in filing the WS. Copy
supplied to the opposite party. It is submitted by ld. Counsel
that inadvertently the application is filed u/s 5 of Limitation Act
rather it ought to have been file u/o 8 rule 1 CPC . Thus, it is
prayed that application be treated as an application u/o 8 rule 1
CPC. Accordingly, allowed.
2. In view of The mandate of Hon’ble Supreme Court in Kailash
Vs. Nankhu & Salem Advocates Bar Association Vs. Union of
India the mandate of Order 8 Rule 1 CPC is directory in nature
and the delay can be condoned. Therefore, the application
stands allowed, subject to payment of Rs. 1500/- to be paid to
the Rohini Bar Association, on NDOH.
3. Replication alongwith documents to the WS filed on behalf of
plaintiff. Copy supplied to opposite party.
4. Heard. Perused.
5. At joint request and finding the element of settlement, the
matter be referred to Mediation. Parties are directed to appear
before the Mediation Centre, Rohini Courts, Delhi on
29.07.2026 at 02:00 PM
6. Put up for report of settlement, if any, otherwise for framing of
issues on 14.10.2026.
(Akbar Siddique)
DJ-04, North, Rohini Courts,
Delhi/22.07.2026
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