Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: CS No. 183/24
Ayasha Vs. Mohd. Shokeen
28.10.2024
Present : Sh. Pankaj Tomar, Sh. Naveen Kishore & Ms. Komal,
Ld. Counsel for plaintiff.
Sh. G.S. Maken, Ld. Counsel for defendant.
An application U/o VIII Rule 1 r/w Sec. 151 CPC for
condonation of delay in filing the written statement has already been
filed by Ld. Counsel for defendant.
It is stated in the application that defendant was served
with the summons of the suit on 23.07.2024. It is stated that
defendant was required to file the written statement within 30 days
that is on or before the 21.08.2024. It is stated that the counsel was
suffering from viral fever and therefore, there is a delay of 10 days
in filing the written statement.
Ld. Counsel for plaintiff submits that he doesn’t want
to file the reply of the application and will directly argue.
Accordingly, arguments of both parties on the application heard.
During the course of arguments, Ld. Counsel for plaintiff submits
that no medical document has been filed by the defendant while
requesting the extension of time in filing the written statement.
Undoubtedly, endeavour of Court should be to ensure
that all relevant and best materials are allowed to be brought on
record, which could effectively, conclusively and finally adjudicate
the dispute between the parties. In the interest of justice and for
purpose of the advancement of ends of the justice the application of
the defendant is allowed. This order is subject to the filing of
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relevant medical documents or otherwise the cost of Rs. 1000/- to be
paid to the plaintiff. Further, part arguments on the application U/o
XXXIX Rule 1 & 2 heard.
At request, put up for further arguments on 06.12.2024.
(Manu Vedwan)
District Judge-02/North-East,
KKD Courts, Delhi/28.10.2024
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