Order 3

Order Details: COPY OF ORDER
Pdf Text: 9 CS 163/24
SUNIL KUMAR VS. KAMAL KISHORE
24.09.2024
Present: Sh. Sumit Gupta, ld. Counsel for plaintiff.
Sh. K. P. Singh, ld. Counsel for defendant no. 1 and 2.
In betweeen, the defendant has filed WS alongwith application u/o 8
rule 1 r/w section 151 CPC. Counsel for defendant submits that the defendant had
appeared on the LDOH but could not mark his presence as he was not accompanied
by his counsel. Ld. Counsel further submits that he also approached the plaintiff for
settlememt and the defendant is not aware about the legal proceedings. Therefore,
there is a delay of about 140 days in filing the WS.
Counsel for the plaintiff submits that he has no objection in case the
above application is allowed subject to cost.
For reasons stated in application and considering the fact that it would
be appropriate if the matter is decided on merits and also in view of no objection
given by counsel for plaintiff, present application is allowed subject to cost of
Rs.3,000/- to be paid to the plaintiff.
Application u/o 8 rule 1 CPC stands disposed off as allowed.
Cost paid. WS filed by the defendant is taken on record.
Replication, if any, be filed within 04 weeks with advance copy to the
other side.
List for completion of pleadings, A/D of documents and framing of
issues on 20.12.2024. A/D of documents be filed by the parties in form of affidavit.
(Mohammad Ehtesham)
DJ – 03, Shahdara District,
Karkardooma Courts, Delhi
24.09.2024
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