Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 22 CS SCJ 1156/25
Sidhant Antil Vs. Reema Rajpal
07.09.2026
Present: Plaintiff in person.
Ld. LAC for defendant, Ms. Mandeep Kaur through VC.
Matter is fixed today for reply/arguments on application
u/o VIII Rule 1 of CPC.
Reply to the application filed on behalf of the plaintiff.
Copy of the same is supplied to Ld. counsel for defendant.
It has been averred on behalf of defendant that defendant
was unable to file the WS in time as she is a single mother taking care
of her child as well as her house hold responsibilities and was under
mental pressure due to her matrimonial litigation.
It is submitted by Ld. LAC for defendant that she was
appointed as a legal aid counsel in the present case towards the end of
the month of March, 2026 and defendant had not provided her the
complete documents in time, therefore, she was unable to file the WS.
It is further submitted by Ld. LAC for defendant that the delay in
filing the WS was not intentional, therefore, the same may be
condoned.
Per-contra, it is submitted by Ld. counsel for plaintiff that
the averments made by the defendant in her application are false and
fabricated and the defendant has also failed to sufficiently explain the
delay in filing the WS as no substantive reason has been mentioned by
the defendant in the application, therefore the application u/o VIII
Rule 1 of CPC may be dismissed and WS may not be taken on record.
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Arguments heard. Record perused.
In view of the averments made in the application and the
submissions advanced, this court is of the view that the defendant
should be granted an opportunity to contest her case on merits and no
prejudice would be caused to the plaintiff if the application is allowed.
Accordingly, application u/o VIII Rule 1 of CPC is
allowed and WS of the defendant shall be taken on record, subject to
cost of Rs. 2000/- to be paid to the plaintiff.
Application is accordingly disposed of.
Replication, if any, be filed on or before the NDOH with
advance copy to the opposite side.
Put up for completion of pleadings and further
proceedings on 04.11.2026.
(Akriti Mahendru)
SCJ / RC / North
Rohini Court /07.09.2026
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