Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 5 CS No.285/24
Gauri Sharma Vs. Rakesh Kumar
29.01.2025
At 10:57am
Present: Sh. Keshav Kumar Verma, Ld. Counsel for plaintiff
along with plaintiff in person.
Sh. Anil Dwedi, Ld. counsel for defendant along
with defendant in person.
An application under Section 5 of the Limitation Act
r/w Section 151 CPC filed on behalf of defendant for seeking
condonation of delay of 12 days in filing WS on 18.10.2024.
Ld. Counsel for plaintiff, on instructions submits
that plaintiff has no objection, if the application under Section 5
of Limitation Act r/w Section 151 CPC be allowed subject to
cost.
Heard. Application perused.
The matter is still at initial stage and issues are yet to
be framed. It is also settled law that all cases shall be decided on
merits and after giving proper opportunities to all the parties to
represent themselves and contest the case.
In view of the submissions, contentions made in the
application, no objection given by Ld. Counsel for plaintiff and
also considering that the matter is still at initial stage and no
prejudice would be caused to plaintiff, if the present application
be allowed, therefore, the present application is hereby allowed
subject to cost of Rs.1,000/- which is to be paid to plaintiff.
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(2)
Application under Section 5 of Limitation Act r/w
Section 151 CPC is accordingly disposed off.
WS of defendant is taken on record.
Affidavit of admission and denial of documents filed
on behalf of defendant on 23.11.2024. Copy supplied.
Replication filed on behalf of plaintiff. Copy
supplied.
Plaintiff has not produced the original documents,
therefore, admission and denial of documents cannot be
conducted.
Pleading of the parties are completed. From the
pleadings of the parties, following issues are framed:-
1. Whether plaintiff is entitled for money decree for a sum of
Rs.10 lakhs on account of damages against defendant, as prayed?
OPP
2. Whether plaintiff is entitled for interest on the suit amount?
If yes, then at what rate and for what period? OPP
3. Whether plaint does not disclose any cause of action
against defendant and the suit is pre-mature, as claimed? OPD
4. Whether the plaint is not properly verified as required
under the law? If yes, then what would be the consequence? OPD
5. Relief.
No other issues arises or is pressed by the parties, at
this stage. The parties are directed to file list of witnesses within
15 days from today.
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(3)
Plaintiff is directed to file evidence by way of
affidavit of the plaintiff’s witnesses within 30 days, with an
advance copy to defendant, at least seven days prior to the
NDOH.
Put up for PE on 24.04.2025.
Date is given as per the convenience of Ld. counsels.
(Deepanker Mohan)
District Judge-04
Shahdara District/KKD Courts/Delhi
29.01.2025
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