Interim Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 18
CS SCJ 253/24
M/S PARAS LUBRICANTS LTD Vs. M/s Beltech India (A Partnership Firms)
20.08.2025
Present: Sh. Dinesh Chaudhary, Ld. Counsel for plaintiff (through VC).
Sh. Pankaj, Ld. Counsel for defendant no. 1, 2 and 3.
Matter is at the stage of completion of pleadings.
Today, an application for condonation of delay in filing the WS has been filed on behalf of the
defendant. Same be taken on record. Copy supplied.
Perusal of record reveals that WS is also there on record.
Arguments heard. 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. 1,000/- on defendant to be paid to the plaintiff on the NDOH. WS is taken on
record.
At this stage, Ld. Counsel for the defendant has also pressed for deciding the application under
section 20 CPC previously filed by him, raising the issue of lack of territorial jurisdiction.
Arguments heard on behalf of both the parties on the application under section 20 CPC. Record
perused.
This court has meticulously examined the pleadings and as per the same, the contract between
the parties with regard to the transactions in question took place within the jurisdiction of this court. Hence, this
court has territorial jurisdiction to decide the present matter. In view of the same, the application u/s 20 CPC is
disposed of as dismissed.
List the matter for further proceedings on 12.12.2025.
(Arjun Kirar)
Civil Judge-N/W District
Rohini Courts-20.08.2025
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