Order 7

Order Details: COPY OF ORDER
Pdf Text: CS No. 304/23
Qamar Alam vs. Haji Md.
01.10.2024
One of the Stenographer is on leave today.
Present : Ms. Snehlata Rana Ld. Counsel for plaintiff.
Sh. Vishesh Raghav Ld. Counsel for D-1.
Sh. Kulranjan Swaran Ld. Proxy counsel for Sh. Vijay
Tyagi Ld. Counsel for D-2/MCD.
At this stage, Ld. Counsel for D-1 has filed WS a/w
reply to the application u/o 39 R 1 and 2 CPC and the
application u/s 151 CPC seeking condonation of delay in
filing WS a/w documents. Same be taken on record. Copy
supplied.
By way of application u/s 151 CPC, D-1 is seeking
condonation of delay in filing WS.
On the other hand, Ld. Counsel for plaintiff
submitted that she has no objection to the aforesaid
application and the same may be allowed, subject to
imposition of heavy cost.
Submissions heard. Record perused.
Keeping in view the aforesaid facts and
circumstances, reasons mentioned in the application u/s 151
CPC as well as on the basis of submissions made by the Ld.
Counsel for D1 and the no objection given by the Ld. Counsel
for plaintiff and considering that it is well settled that the cases
should be decided on merits, rather than on technicalities and
since the case is at initial stage and issues are yet to be framed,
the application u/s 151 CPC of D1 is disposed off as allowed,
subject to imposition of cost of Rs. 5000/- to be paid by the
-- 1 of 2 --
CS No. 304/23
Qamar Alam vs. Haji Md.
-2-
D1 to the plaintiff on NDOH. Delay in filing the WS of D1 is
hereby condoned and the WS of D1 is taken on record.
At this stage, Ld. Counsel for plaintiff seeks some
time to file replication. Heard. She is directed to file
replication on or before NDOH and and an advance copy of
the same be supplied to the opposite party against proper
receipt.
Matter is adjourned.
Matter be listed for payment of cost and completion
of pleadings on 22.01.2025. Both the parties are directed to
file affidavit of admission-denial of documents. Advance copy
of the same be exchanged with each other ten days prior to
next date of hearing. NDOH is given as per convenience of
the Ld. Counsels for the parties.
(Gaurav)
District Judge-01/ SHD
KKD/Delhi/01.10.2024
-- 2 of 2 --