Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 32 CS SCJ 1013/24 Asha Vs. Jai Bhagwan
30.05.2025
Regular stenographer is on leave today.
Present: Sh. Meharban Singh, Ld. Counsel for plaintiff.
Plaintiff present through V.C.
Sh. S.P. Dhankar, Ld. Counsel for defendant.
Matter is at the stage of completion of pleadings.
Today, WS has been filed on behalf of the defendant along with an
application u/o 9 rule 7 CPC for setting aside order dated 08.01.2025 whereby the
defence of the defendant was struck off along with an application for condonation
of delay.
Ld. Counsel for the plaintiff submits that he has no objection if the
WS is taken on record subject to cost.
Heard. Record perused.
This court is of the opinion that in an adversarial trial, no party
should ordinarily be denied right to participate injustice delivery system. Further,
the time limit to file the WS is not mandatory in view of the judgment Kailash
Vs. Nanku. However, the plaintiff has to be compensated for the time loss.
The defendant has sufficiently explained the reason for delay and
also shown medical documents of the counsel.
In view of the above discussion, the application for condonation of
delay is allowed and the WS is taken on record, subject to cost of Rs. 500/-. Cost
paid.
Ld. Counsel for the plaintiff seeks time to file replication. Let the
same be filed on or before NDOH with advance copy to the opposite party atleast
15 days prior to the NDOH.
List the matter for completion of pleadings/ filing of replication on
12.09.2025.
(Arjun Kirar)
Civil Judge-N/W District
Rohini Courts/30.05.2025
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