Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 10
CS SCJ 61/25
JITENDER SINGH Vs. NEERAJ KUMAR
28.07.2025
Present: Sh. Baljeet Singh, Ld. Counsel for plaintiff along with plaintiff.
Sh. VK Gautam, Sh. Aniket Kumar, Ld. Counsel for defendant.
Matter is at the stage of completion of pleadings.
Today, WS has been filed on behalf of defendant along with an application
for condonation of delay.
Arguments heard on behalf of both the parties. Record perused.
This court is of the opinion that in an adversarial trial, no party should
ordinarily be denied right to participate in justice delivery system.
Further, it is settled law that time limit for filing written statement u/O 8
Rule 1 CPC is not mandatory in view of judgment in Kailash Vs. Nankhu & Ors (2005)
4SCC 480. In the aforesaid judgment, it is reiterated that delay in filing the WS can very
well be compensated with cost but denying the benefit of filing the same would be
unreasonable.
It is also settled law that court should make all endeavour to decide the
matter on merits. However, the plaintiff has to be compensated for the time lost.
In view of the above discussion and in the interest of justice, the delay in
filing of WS is condoned, subject to cost of Rs.500/- to be paid to the plaintiff on the
NDOH. WS is taken on record.
List the matter for completion of pleadings/replication on 17.11.2025.
(Arjun Kirar)
Civil Judge-N/W District
Rohini Courts-28.07.2025
-- 1 of 1 --