Order 9

Order Details: COPY OF ORDER
Pdf Text: 17
CS DJ 659/23
SUSHIL ANEJA Vs. ANIL ANEJA
21.01.2025
Present : Sh. Ankit Sethi, Ld counsel for plaintiff.
Sh. Anshul Garg, ld counsel for defendant.
No witness of the plaintiff is present nor affidavit of
any witness for the evidence of the plaintiff is reflected on CIS.
One application is stated to be filed on behalf of plaintiff under
Section 151 CPC on 18.09.2024. Its hard copy along with
requisite court fees stamp is already placed on file.
Submission on the application are heard.
The matter was fixed on 17.09.2024 for filing the
replication to the written statement of defendant and the reply to
the counter claim. The plaintiff neither filed the replication nor
reply to the counter claim and considering that the prescribed
period to file the written statement/reply to the counter claim has
expired the matter was proceeded further and the issues were
settled.
By way of present application the plaintiff is
seeking recall of the said order and allow him to file the
replication to the written statement and reply to the counter
claim. It is the contention raised by the plaintiff that he was out of
town for personal work from 01.07.2024 to 01.09.2024 which
make impossible for him to come to the office for counsel for
signatures and due to heavy rains on 27/28 July 2024 water
entered into the office of his counsel which causes damage to
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case file and that necessary documents required for filing the
replication and reply to the counter claim were destroyed. In
support of his application the reliance is placed upon case of
Salem Advocate Bar Association and R.N. Jadi and brothers
mentioned in the application itself.
After going through the facts of the case as well as
cases relied upon by the plaintiff, I am of view that no case is
made out to recall the order dated 17.09.2024 as even if the
contentions made in the application are considered the gospel
truth then the plaintiff was having sufficient time to approach the
court for extension of time or to file the same on the last date of
hearing i.e. 17.09.2024. The application stands dismissed being
devoid of merits.
One more opportunity is granted to the plaintiff to
lead the evidence if any.
Put up for PE on 06.05.2025.
(SUNIL CHAUDHARY)
DJ-04, North West,
Rohini Courts, Delhi
21.01.2025
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