Interim Order 10

Order Details: COPY OF ORDER
Pdf Text: 22
CS DJ 225/23
SURAJ SINGH Vs. MAHESH KUMAR
10.02.2025
Present: Sh. Ratneshwar Kumar, Ld. Counsel for plaintiff.
Sh Madhusudhan Singh, Ld. Counsel for defendant.
Submissions on the application under Order 8 Rule 1
CPC are heard. Case file is perused.
The plaintiff has filed for recovery of Rs. 7 lac
against the defendant and its summons were issued vide order
dated 15.04.2023 through post. The report of service was not
received and it was called from postal department for 17.08.2023
and on that day, report was filed from postal department showing
that article has been delivered to the addressee on 01.05.2023.
On 17.08.2023, none appeared in the court on behalf of defendant
and considering the facts, right of defendant to file written
statement was closed. Thereafter application has been filed on
25.08.2023 on behalf of defendant seeking condonation of delay
in filing the written statement with submissions that summons
were served to him through his father at the native place and his
father is illiterate and he could not inform him about receiving of
summons. It is averred that in another suit filed by sister in law
of plaintiff against defendant, he came to know about filing of the
present suit and engaged counsel and filed the written statement.
Ld. Counsel for plaintiff stated that defendant is
aware about the pendency of the suit since its filing and is trying
to delay the trial, however if the court is inclined to condone the
delay then plaintiff be compensated for the delay occurred in the
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trial of the suit.
Considering the facts and circumstances of the case,
to meet the ends of justice so that dispute may be decided on
merits, a liberal approach is adopted and written statement of
defendant is taken on file by condoning the delay in its filing
subject to payment of compensation of Rs. 20,000/- to the
plaintiff.
Put up for payment of compensation, replication and
settlement of issues on 21.04.2025.
(SUNIL CHAUDHARY)
DJ-04/North-West
RHC/Delhi 10.02.2025
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