CS(OS) 258/2019 Page 1 of 6

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 07^th February, 2024

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CS(OS) 258/2019

RAVINDER SINGH PRATAP & ORS.

..... Plaintiffs

Through:

Mr. Sanjiv Bahl, Mr. Eklavya Bahl,

Ms. Apoorva Bahl & Mr. Pawas

Agarwal, Advocates.

versus

INDERJEET SINGH & ORS.

..... Defendants

Through:

Mr. Debendra Kumar Sabat & Ms.

Sharmila Sabat, Advocates for D-1.

Mr. A.K. Soni, Advocate for D-2, 3a

to 3c.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T (oral)

I.A. 7185/2022 (u/O IX Rule 7 r/w Section 151 of CPC, 1908)

1. By way of present application, the applicants/defendants seek to

recall/set aside the ex parte Order dated 18.10.2019, whereby the defendant

Nos. 1, 2 and 3 were proceeded ex parte.

2. The present application had been allowed vide Order dated

14.03.2023 and the ex parte Order dated 18.10.2019 passed against the

aforesaid defendants stood set aside, though there is no formal mention of

the present Application No. I.A. 7185/2022 in the Order dated 14.03.2023.

3. Accordingly, the present application stood disposed of vide Order

Digitally Signed

By:VIKAS ARORA

Signing Date:13.02.2024

18:13:23

Signature Not Verified

CS(OS) 258/2019 Page 2 of 6

dated 14.03.2023.

I.A. 9177/2023 (u/S 8(1) r/w Section 151 of CPC, 1908 and Section 5 of the

4. By way of present application, the applicant/defendant No. 1 seeks

condonation of 145 days’ delay in filing the Written Statement.

5. Learned counsel for the non-applicants/plaintiffs submits that he has

no objection if the present application is allowed.

6. Learned counsel for the non-applicants/plaintiffs further submits that

vide Order dated 14.03.2023, the costs of Rs. 20,000/- were imposed on the

applicant/defendant No. 1 while allowing the Application Nos. I.A.

7186/2022 and I.A. 7187/2022 seeking condonation of delay in moving the

Application No. I.A. 7185/2022 under Order IX Rule 7 of the Code of Civil

Procedure, 1908, but the said costs have not yet been deposited by the

applicant/defendant No. 1.

7. For the reasons and grounds stated in the present application as well

as no objection given on behalf of the plaintiff, the application is allowed,

the delay of 145 days in filing the Written Statement is condoned and the

Written Statement is taken on record, subject to costs of Rs. 10,000/- to be

paid to the plaintiffs within 15 days, failing which, the Written Statement

shall be taken off the record.

I.A. 9396/2023 (u/S 151 of CPC, 1908)

8. By way of present application, the applicant/defendant No. 1 seeks

waiver of costs of Rs. 20,000/- imposed vide Order dated 14.03.2023.

9. No grounds made out for waiver of the costs of Rs. 20,000/-.

Digitally Signed

By:VIKAS ARORA

Signing Date:13.02.2024

18:13:23

Signature Not Verified

CS(OS) 258/2019 Page 3 of 6

10. Accordingly, the present application is dismissed.

I.A. 9111/2023 (u/O I Rule 10(2) r/w Section 151 of CPC, 1908)

11. By way of present application, the applicant/defendant No. 1 seeks

deletion of his name from the array of the parties.

12. After some arguments, learned counsel for the applicant/defendant

No. 1 seeks permission to withdraw the present application as he does not

wish to press.

13. Accordingly, the applicant/defendant No. 1 is permitted to withdraw

the present application.

14. The application is disposed of as not pressed.

I.A. 16279/2021 (u/O VI Rule 17 r/w Section 151 of CPC, 1908)

15. By way of present application, the applicant/plaintiffs seek

amendment of the present Plaint.

16.

It is submitted in the applicati