Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 10 CS SCJ 266/23 SHYAM SUNDER Vs. ANAND PRAKASH
17.12.2024
Present: Sh. M.S. Bansal, Ld. Counsel for plaintiff along with Plaintiff.
Sh. Vikas Nagwan, Ld. Counsel for defendant no.1 and 2
along with defendant no.1.
Summons issued to defendants no. 10,11,12,13 and 14 not received
back. Issue fresh summons to defendant no. 10,11,12,13, and 14 on filing of PF/RC,
speed post, returnable on NDOH.
Matter is at the stage of arguments on application U/o 8 rule 1 CPC
and arguments on the application U/s 10 CPC.
Ld. Counsel for defendant no.1 and 2 submits that the delay in filing
the WS was due to the reason that there was marriage in the family of the counsel.
Ld. Counsel for the plaintiff strongly opposed the application for
condonation of delay on the ground that no date is provided as to when the marriage
was organized. He further submits that the application is a delay tactics and should
be dismissed.
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, the delay
in filing the WS is due to mistake of the counsel and it is settled law that party
should not made to suffer due to mistake of counsel. In view of the above discussion,
the delay in filing the WS on behalf of Defendant no.1 and 2 stands condoned and
the WS is taken on record.
Perusal of record reveals that the replication to the WS filed by
defendant no.1 and 2 is already on record.
List the matter for arguments on application U/s 10 CPC on
18.03.2025.
(Arjun Kirar)
Civil Judge-N/W District
Rohini Courts/17.12.2024
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