Order 5

Order Details: COPY OF ORDER
Pdf Text: 3 CS 349/24
MOHD KHALID VS. CHARU GUPTA
29.01.2026
Present: Ms. Mamta and Ms. Vanshika Rastogi, Ld. Counsels
for the plaintiff.
Sh. Ankur Sharma, Ld. Proxy Counsel for the
defendant no.6.
Sh. Aditya Vats Sharma, Ld. Proxy Counsel for the
defendants no.3, 8 to 10.
Summons report not received back.
Speed post qua service of defendant no.7 received
back with the remark of ‘refusal’.
Speed post qua service of defendants no.4 and 5
received back with the remark of ‘addressee left’.
In view of the above, defendant no.7 is hereby
deemed to be served.
The application filed on behalf of the plaintiff qua
service of defendant no.7 stands disposed of.
Let WS be filed on behalf of defendant no.7 within
four week from today with advance copy to the plaintiff.
Ld. Counsel for plaintiff seeks time to take steps for
effecting substitute service upon defendants no.4 and 5 on the
ground that they have not been served by way of ordinary
process, on NDOH.
At request, let process be also served through email
upon defendants no.4 and 5 as per rules. Steps be taken within a
week from today.
WS alongwith reply to application U/o 39 Rule 1
and 2 CPC and condonation application filed on behalf of
defendant no.6. Copy supplied.
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It is stated that there is a delay of 59 days in filing
the WS on behalf of defendant no.6.
However, it is submitted by Ld. Counsel for plaintiff
that there is a delay of more than 90 days in filing the WS on
behalf of defendant no.6, as admittedly, defendant no.6 was
served afresh with the copy of plaint alongwith documents on
01.09.2025, which has not been disputed by Ld. Counsel for
defendant no.6.
In the interest of justice and the matter be decided
effectively between the parties, the condonation application filed
on behalf of defendant no.6 is allowed and the delay in filing the
WS is hereby condoned subject to costs of Rs.5,000/- to be paid
to the plaintiff.
Put up for service of defendants no.4 and 5/
completion of pleadings qua defendant no.7/ arguments on the
application U/o 7 Rule 11 CPC on 25.05.2026.
(Ankur Jain-II)
DJ-02, SHD District
KKD/Delhi 29.01.2026
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