Full Order Text
Interim Order 4 · 29 Sept 2026 · CNR DLNT010019652026
Order Details: COPY OF ORDER Pdf Text: 5 CS DJ 152/26 NAVEEN DHANKHAR Vs. DR M L BHARTI AND ORS 29.09.2026 Present: Sh. RK Dahiya, Ld. Counsel for plaintiff Sh. Kailash Shamra, Ld. Counsel for defendant D1 in person None for D2.( D1 appearing on behalf of D2) D3 in person. 1. Fresh Vakalatanama filed on behalf of D-3. Same is taken on record. 2. Vide order dt. 13.07.2026 application u/o XXXIX Rule 1 and 2 CPC was disposed of with a direction to the parties to maintain status quo till the disposal of suit. 3. WS is filed on behalf of D3 along with documents. Copy supplied to opposite party. Ld. Counsel for plaintiff submits that the WS is filed without any application for seeking condonation of delay in filing the WS as there is almost 150 days delay. Ld. Counsel for defendant orally submits that inadvertently the application was not filed along with WS 4. Thus, the oral prayer is made to condone the delay of more than 150 days. Heard. Considered. 5. Keeping in view 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 -- 1 of 2 -- condoned. Therefore, the application stands allowed, subject to payment of Rs. 2500/- to be paid to the plaintiff on NDOH 6. WS is taken on record. 7. Replication if any be filed on or before NDOH with an advance copy to the opposite party 8. D1 submits that he be given sometime to file WS. Opposed by Ld. Counsel for plaintiff on the ground that only much time granted to defendant. As a matter of last and final opportunity, one more opportunity is granted to the defendant no.1 and 2 to file WS along with requisite application with an advance copy to the opposite party 9. Put up on 08.12.2026 (Akbar Siddique) DJ-04, North, Rohini Courts, Delhi/29.09.2026 -- 2 of 2 --