Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 9
CS SCJ 1475/24
BAL KISHAN VIRMANI Vs. GEETA VIRMANI
18.08.2025
Present: Sh. VK Bajaj, Ld. Counsel for plaintiff (through VC).
Ms. Meena Mehtali Gupta, Ld. Counsel for defendant along with
defendant.
Vakalatnama filed on behalf of defendant. Same be taken on record.
Matter is at the stage of completion of pleadings.
In between the dates of hearing, WS has been filed on behalf of the
defendant along with an application for condonation of delay. Same be taken on record.
Copy already supplied.
Arguments heard. Record perused on the application for condonation of delay.
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. 500/- on defendant to be paid to the plaintiff on
the NDOH. WS is taken on record.
Ld. Counsel for plaintiff seeks time to file replication. Time granted till
NDOH.
List the matter for completion of pleadings/filing of replication on 09.12.2025.
(Arjun Kirar)
Civil Judge-N/W District
Rohini Courts-18.08.2025
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