Final Order 2

Order Details: COPY OF ORDER
Pdf Text: 6
MISC DJ205/23
SUDESH ANAND AND ANR Vs. SUBHASH CHAND
BHATIA ANDANR
12.02.2024
Present: Sh. Dinesh Kumar Malhotra and Sh. Deepanshu
Chaudhary, Ld. Counsel for the applicant.
Sh. Arpit Jain, Ld. Counsel for the respondent.
Reply to the application under Order 9 Rule 9 CPC
filed on behalf of respondents.
Arguments heard.
ld. Counsel for the respondents submits that the
application is time barred and there is no condonation
application. ld. Counsel for the respondent further submits that
the applicant is taking the contradictory stand in the application
and there is no sufficient ground to file the present application. It
is further submitted that the prayer sought by the applicant in the
present application is also non-maintainable as they are seeking
setting aside of exparte order, whereas the impugned order is not
an exparte order.
Per contra, ld. Counsel for the applicant submits that
the counsel for plaintiff could not appear before this Court due to
sudden death of previous counsel for plaintiff and the impugned
order was passed on 10.10.2022 and before that on 14.07.2022,
the previous counsel duly appeared before this Court and also
supplied the entire paper book and the summons to the
defendants along with PF.
I have perused the record.
As per report of process server, the defendants were
duly served on 12.12.2021, however, no WS was filed on behalf
of defendants and a submission was made by ld. Counsel for the
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defendants that the defendants were not supplied the complete
paper book.
Ld. Counsel for the plaintiff submits that the
defendants have not mentioned as to which documents were not
supplied along with plaint and the documents. Further, no
application has been filed on behalf of defendants in this regard.
In view of the above, this court deems fit to allow
the present application.
The application is disposed of as allowed.
In the interest of justice, the suit is restored back to
its original number.
File be consigned to Record room.
(Ankur Jain-II)
ADJ-02, SHD District
KKD/Delhi 12.02.2024
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