Interim Order 7

Order Details: COPY OF ORDER
Pdf Text: 31 CS SCJ 618/24 Associated Road Carriers Ltd Vs. Robot
Components Pvt Ltd
03.08.2026
Present : Ms. Shefali Gandhi, Ld. counsel for the plaintiff through
VC.
Ms. Bharti Jain, Ld. counsel for the defendant through VC.
Vide this order, this Court shall decide application under
Section 5 of The Limitation Act r/w Section 151 CPC already filed on
behalf of defendant seeking condonation of delay in filing the
application under Order IX Rule 7 CPC alongwith application under
Order IX Rule 7 CPC.
Arguments already heard. Record perused.
For the reasons cited in the application and in the interest
of justice and proper adjudication of the present matter, application
under Section 5 of The Limitation Act r/w Section 151 CPC and
application under Order IX Rule 7 CPC of defendant are allowed. Both
applications are disposed of accordingly.
Further, Vide this order, this Court shall decide another
application under Order VII rule 11 CPC already filed on behalf of
defendant.
It is stated on behalf of defendant that admittedly the
plaintiff is a registered transport company and transported goods for the
defendants from a long period of time and in the present matter as
alleged the plaintiff company transported goods (as per their ledger
account filed with the plaint) from G.N. Mills to Faridabad for which
bills dated 21.02.2021 and 10.05.2021 were generated for the amount
of Rs. 1,26,000/- and Rs. 3,620/- respectively. The plaintiff company
has filed only ledger account and the computer generated bills (all made
by the plaintiff) in the support of its claim but not the transport receipt
or any other relevant document of this type to prove the delivery of the
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goods. Plaintiff company has nowhere mentioned in their plaint the date
of order, type of goods, condition of the goods, weight of goods, proof
of delivery or reciving of goods by the defendant for his ulterior
motives with a view to harass defendant and to extort money from him.
Hence, the present suit is liable to be dismissed.
The legal principles while deciding the application under
Order 7 rule 11 CPC are well settled. At this stage, only the pleadings
and the documents of the plaintiff can be looked into. The said stage
cannot be turned into a mini trial where pleadings and the documents
can be appreciated.
The plaintiff has instituted the suit for recovery by
pleading that he had supplied the goods to the defendant against bills
and their payment is due. The documents relied upon by the plaintiff
also records the fact that he had delivered the goods to the defendant.
The grounds on which the application has now been moved on behalf
of the defendant cannot be decided at this stage being matter of trial and
evidence.
In view of abovesaid reasons, the application is dismissed.
WS be filed within 30 days from supply of the documents
with advance copy to the opposite side. Replication, if any, be also filed
by the plaintiff with advance copy to the opposite side.
Be put up for completion of pleadings, admission/denial of
documents and framing of issues on 04.11.2026.
(Gita)
ACJ/CCJ/ARC (North-West)
Rohini Courts, Delhi/03.08.2026
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