Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: 26
CS DJ
980/23
Sandeep Dixit
Vs.
Parvesh Devi
23.07.2024
Present : Sh. Sanjeev Chopra, Ld. Counsel for the plaintiff with
plaintiff.
Sh. Anil Sharma, Ld. Counsel for the defendant with
defendant.
1. Matter is listed for PE today. Affidavit of PW-1 filed.
However, the defendant has moved an application u/o 47 rule 1 r/w
Section 114/151 CPC for setting aside of order dated 14.05.2024 vide
which the defence of the defendant was struck off.
2. Fresh vakalatnama filed on behalf of defendant.
3. Copy supplied.
4. Arguments heard.
5. Ld. Counsel for the defendant submits that the WS was not
filed as the defendant was unable to pay the fees to the previous counsel
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in time. It is submitted that no substantive proceedings have been carried
out in the present matter as yet. Hence, the defendant may be permitted
to produce her defence on record. Hence, it is stated that in the interest
of justice, the application may be allowed.
6. Application is opposed by Ld. Counsel for the plaintiff. It is
submitted that sufficient time was granted to the defendant to file the
WS but in vain. Hence, there is no ground for the allowing of the present
application.
7. Record perused.
8. In view of the submissions as made above, to proceed with
the case on merits, the court is inclined to allow the application.
However, for the delay caused, cost of Rs. 3000/- is imposed upon the
defendant to be paid to the plaintiff by the NDOH.
9. At this stage, WS, reply to application u/o 39 rule 1 and 2
CPC and documents filed. Copy supplied.
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10. Put up for filing of replication, if any, admission/ denial and
framing of issues on 29.10.2024. Both the parties are directed to file
their affidavits in admission/ denial of documents.
(RUCHIKA SINGLA)
DJ-03 (N/W)
Rohini Courts :Delhi/23.07.2024
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