Order 5

Order Details: COPY OF ORDER
Pdf Text: 16 CS DJ 781/24 Ali Muthu Vs. Parvati
13.05.2025
At 11.30 am (2nd call)
Present : Sh. Gaurav Sehgal, Ld. Counsel for the plaintiff.
Sh. Munish Kumar, Ld. Counsel for the defendant no. 4/ DUSIB
through V.C.
None for the other defendants.
WS on behalf of the defendant no. 4 along with documents,
reply to application u/o 39 rule 1 and 2 CPC, an application u/o 8 rule 1 CPC
and vakalatnama filed on 22.02.2025. Copy supplied.
Ld. Counsel for the plaintiff submits that he has no objection if
the application u/o 8 rule 1 CPC is allowed, subject to cost.
Ld. Counsel for the defendant no. 4 submits that the defendant
no. 4 is a Govt Department. The relevant record pertains to the year 1976.
The Department is short staffed and hence, there was a delay in the filing of
the WS. It is stated that the delay was not intentional. As such the same has
also not prejudiced the plaintiff. Hence, it is submitted that the cost may not
be imposed.
The defendant no. 4 was served on 25.11.2024. The WS has
been filed on 22.02.2025. There is a delay of almost 60 days in the filing of
the WS. However, considering the facts and circumstances, the application is
allowed and the WS is taken on record.
The other defendants have already been served on 02.12.2024.
Be awaited for the other defendants till 02.00 pm.
(RUCHIKA SINGLA)
DJ-03 (N/W)
Rohini Courts :Delhi/13.05.2025
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At 02.00 pm
Present : None.
The WS has not been filed by the other defendants except the
defendant no. 4 despite service. Hence, their defence is struck off. They are
also proceeded ex-parte.
Put up for filing of replication, if any, admission/ denial and
framing of issues on 03.09.2025.
Both the parties are directed to file their affidavits in admission/
denial of documents.
(RUCHIKA SINGLA)
DJ-03 (N/W)
Rohini Courts :Delhi/13.05.2025
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