Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 15 CS SCJ 73/24
Manju Vs. Sharda
20.09.2024
Present: Sh. Rajneesh Kapoor, Ld. Counsel for plaintiff.
Ms. Meena Mehtani Gupta, Ld. Counsel for defendant
alongwith defendant.
Arguments on application heard on behalf of both the
parties.
It is a settled law that time limit for filing of written
statement u/o 8 Rule 1 CPC is not mandatory in view of the judgment in
Kailash Vs. Nankhu & Ors (2005) 4SCC 480. In the aforesaid judgment,
it has been reiterated that denying the benefit of filing written statement
should not be done in a routine manner. It is also a settled law that Court
should make all endeavour to decide the matter on merits. It is the
submission of defendant that she could not file written statement in time
as she is a single parent and her son was unwell which led to the delay in
filing of WS. The defendant has also filed copies of medical documents
of her son. In view of the submissions of the defendant, and principles of
condonation of delay u/o u/o 8 Rule 1 CPC and in interest of justice, the
present application is allowed and delay in filing WS is condoned and
the WS is taken on record.
Replication, if any, be filed within 30 days thereafter with
advance copy to the opposite party.
Now to come up for further proceedings on 16.12.2024.
(Shaina Goyal)
Civil Judge-N/W District
Rohini Courts-20.09.2024
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