Order 6

Order Details: COPY OF ORDER
Pdf Text: 17 CS 2449/24
Ramesh Kumar Ramesh Chand (Sr. Citizen) Vs. Sarita
09.10.2025
At 12:45pm
Present: Sh. Gourav Saini, Ld. counsel for plaintiffs along
with plaintiff in person.
Sh. S.H. Ansari, Ld. counsel for defendant.
Ld counsel for plaintiff, on instructions submits that
plaintiff does not wish to file reply to the application U/s 5 of
Limitation Act. He further on instructions submits that plaintiff
has no objection if the present application 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.5,000/- which shall be paid to plaintiff by
defendant.
Application under Order VIII Rule 1 CPC is
accordingly disposed off.
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(2)
Subject to payment of cost, WS of defendant is taken
on record.
Plaintiff is at liberty to file replication, if any within
30 days from today with an advance copy to defendant.
Parties are directed to file their respective affidavit
of admission and denial of documents within 30 days from today
with an advance copy to opposite side.
Parties are directed to produce original documents
on NDOH. Parties are also directed to file proposed issues, if any.
Parties are also directed to appear in person on
NDOH for the purpose of admission and denial of documents
and recording of their statements under Order X CPC, if
required.
At this stage, it is jointly submitted by Ld. Counsels
for plaintiff and defendant that there are chances of settlement in
the present matter and they request to this Court to refer the
present matter before the Mediation Center SHD/KKD/Delhi.
In view of the submissions, matter is referred to
Mediation Center SHD/KKD/Delhi for 17.10.2025 at 02:30pm
and before this court for report on 16.01.2026.
Put up for report from the mediation, if any and
completion of pleadings, admission and denial of documents and
framing of issues on 16.01.2026.
(Deepanker Mohan)
District Judge-04
Shahdara District/KKD Courts/Delhi
09.10.2025
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