Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: 19 CS DJ 1108/24
Satish Kumar Gaba Vs. RAKESH SUKHIJA
11.05.2026
Present : Sh. Vikas Sharma, Ld. Counsel for plaintiff with plaintiff.
Sh. Anshul Aggarwal, Ld. Counsel for all defendants.
Ld. Counsel for plaintiff has filed reply to the application for
condonation of delay in filing of written statement filed by defendants. Copy
is supplied to Ld. Counsel for all defendants.
The application is taken up for hearing.
Arguments are heard.
Ld. counsel for plaintiff submits that he has no objection if the
application is allowed subject to payment of cost.
I am of the considered opinion that declining to take the written
statement on record would cause grave prejudice to the defendant, as he
would be deprived of the defence taken by him in the written statement,
whereas no serious prejudice would be caused to the plaintiff as he will be
having the opportunity to rebut the defence of the defendant and to prove his
case. The delay in filing the written statement can always be compensated in
terms of costs but failing to take the written statement on record will skew the
decision in favour of the plaintiff on a mere technicality. It is the objective of
the court to decide cases on their merit rather than allowing one party to steal
a march over the other merely due to delay in putting forth their defence.
Therefore, the application is allowed, subject to payment of cost of Rs.5000/-
to be paid by the defendant to the plaintiff. Subject to the said cost being paid
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by the next date, the delay in filing of written statement is condoned and the
written statement filed by the defendant is taken on record.
Put up for filing of replication on 12.01.2027.
(Ashish Aggarwal)
District Judge-III
North-West District,
Rohini Courts, Delhi
11.05.2026
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