Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 14 CS SCJ 1124/23
SWIFT SECURITAS (P) LTD THROUGH AUTHORISED
SIGNATORY Vs. SAJM ONLINE THROUGH ITS PROP.
PIYUSH GOYAL
21.09.2024
Present: Sh. Sunil Goyal, Ld. Counsel for plaintiff (through VC)
Sh. Devrishi, Ld. Counsel for defendant (through VC)
In between the dates of hearing, WS alongwith application for
condonation of delay has been filed on behalf of the defendant. Copy has been
supplied to the opposite party.
Arguments on behalf of both the parties heard.
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 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 a
settled law that Court should make all endevour to decide the matter on
merits. However, the plaintiff has to be compensated for the time lost. In view
of the same and in interest of justice, the present application is allowed and
accordingly, delay in filing WS is condoned and the WS is taken on record
subject to the cost of Rs. 2000/- to be paid to plaintiff on or before the NDOH.
Replication, if any, be filed within 30 days thereafter with
advance copy to the opposite party.
Now to come up for completion of pleadings/admission-denial
of documents/framing of issues on 20.12.2024.
(Shaina Goyal)
Civil Judge-N/W District
Rohini Courts-21.09.2024
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