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Condonation of Delay in WS Case

The court proceedings on September 6, 2025, involved the withdrawal of the plaintiff's application under Order VIII Rule 1 & 10 CPC and the approval of the defendant's application for condonation of delay in filing their written statement (WS). The plaintiff's counsel expressed no objection to the delay being condoned, provided the defendant pays a cost of Rs. 5,000 to the plaintiff. Both parties were instructed to file necessary documents and affidavits within specified timeframes, with the next hearing scheduled for December 5, 2025.

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5 views2 pages

Condonation of Delay in WS Case

The court proceedings on September 6, 2025, involved the withdrawal of the plaintiff's application under Order VIII Rule 1 & 10 CPC and the approval of the defendant's application for condonation of delay in filing their written statement (WS). The plaintiff's counsel expressed no objection to the delay being condoned, provided the defendant pays a cost of Rs. 5,000 to the plaintiff. Both parties were instructed to file necessary documents and affidavits within specified timeframes, with the next hearing scheduled for December 5, 2025.

Uploaded by

chaudharyshailendra88
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We take content rights seriously. If you suspect this is your content, claim it here.
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25 CS 2489/24

KULDEEP AND OTHER VS. AKBAR KHAN

06.09.2025

Present: Sh. C. M. Grover and Ms. Payal Budhiraja, ld. Counsel for
plaintiff with plaintiff.
Sh. Shailender Kumar Chaudhary, ld. Counsel for defendant with
defendant.

Matter is listed today for aguments on plaintiff’s application u/o


VIII Rule 1 & 10 CPC and defendant’s application seeking condonation of
delay in filing of WS.
A. Counsel for the plaintiff, under instructions, submits that he may
be allowed to withdraw the above application u/o VIII Rule 1 & 10 CPC on
behalf of plaintiffs.
Separate statement of ld. Counsel for plaintiffs is recorded to this
effect.
In view of the statement recorded by ld. Counsel for plaintiff,
instant application stands disposed off as having withdrawn.

B. Arguments heard on condonation of delay application in filing


WS filed by the defendant. Record perused.
During the course of submisisons, counsel for the plaintiff
submits that he has no objection in case the condonation of delay application
is allowed subject to heavy cost.
Considering the fact that it would be appropriate if the the matter
is decided on merits and also in view of no objection of ld. Counsel for
plaintiff and also considering the reasons stated in the application, instant
application stands disposed off as allowed, however, subject to cost of
Rs.5,000/- to be paid by the defendant to the plaintiff. Delay in filing WS
stands condoned. WS filed by the defendant is taken on record.
Both the parties are directed to file affidavit of A/D of documents
filed by them within 02 weeks with advance copy to the other side.
Replication, if any, be filed by the plaintiff within 04 weeks with
advance copy to the other side.
Put up for arguments on application u/o XXXIX Rule 1 & 2 CPC,
completion of pleadings, affidavit of A/D of documents and framing of issues
on 05.12.2025. Digitally signed
by
Interim order to continue till NDOH. MOHAMMAD
MOHAMMAD EHTESHAM
EHTESHAM Date:
2025.09.06
15:55:40
+0530

(Mohammad Ehtesham)
DJ – 03, Shahdara District,
Karkardooma Courts, Delhi
06.09.2025

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