Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 8 CS SCJ 562-23
SUNIL KUMAR Vs. NARENDER
12.10.2023
Present: Ms. Chanchal Gupta, Proxy Counsel for plaintiff
alongwith plaintiff.
Sh. D. V Goyal, Ld. Counsel for defendants
alongwith defendants.
In between the dates of hearing, WS alongwith
application u/o 8 Rule 1 CPC has been filed on behalf of the
defendant. Copy has been supplied to the opposite party.
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 delay can be
condoned but denying the benefit of filing the same would be
unreasonable. It is also a settled law that Court should make all
endevour to decide the matter on merits. In view of the same and
in interest of justice, the present application u/o 8 Rule 1 CPC is
allowed and delay in filing WS is condoned and the WS is taken
on record.
Replication, if any, be filed within 3 weeks with
advance copy to the opposite party.
Now to come up for completion of
pleadings/admission-denial of documents/framing of issues on
04.12.2023.
(Shaina Goyal)
Civil Judge-N/W District
Rohini Courts/12.10.2023
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