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Delhi High Court - Orders

Asha Dabas vs Dr. Tarakeshwari Negi & Ors on 1 December, 2023

                                    $~8
                                    *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +       CS(OS) 71/2023
                                            ASHA DABAS                                                                 ..... Plaintiff
                                                                                 Through:                 Ms. Preeti Kumari, Adv.

                                                                                 versus

                                            DR. TARAKESHWARI NEGI & ORS...... Defendants
                                                                                 Through:                 None for D-1 & 3
                                                                                                          Mr. Agni Sen, Adv. for
                                                                                                          D-2

                                            CORAM:
                                            JOINT REGISTRAR (JUDICIAL) MS. SHUCHI
                                            LALER (DHJS)
                                                         ORDER

% 01.12.2023 IA No. 1911/2023 u/s 75 CPC for appointment of local commissioner by plaintiff

1. Reply of defendant no.2 is on record.

2. As per office note, reply has not been filed by defendant no.1 and 3. Same be filed within a week. Rejoinder be filed within two weeks thereafter.

3. Re-notify for completion of pleadings on the next date.

IA No. 13033/2023 u/O II R.6 by defendant no.2

4. Reply of plaintiff is on record. Learned counsel for defendant no.2 submits that he has been supplied with the copy of reply on 28.11.2023, so he needs time to file rejoinder. Rejoinder be filed within two weeks.

5. Re-notify for completion of pleadings on the next date.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2023 at 22:46:09 IA No.13402/2023 u/O VIII R.1 CPC for condoantion of delay in filing written statement of defendant no.2

6. Reply of plaintiff is on record. Learned counsel for defendant no.2 submits that he has been supplied with the copy of reply on 28.11.2023. so he needs time to file rejoinder. Rejoinder be filed within three weeks.

7. Re-notify for completion of pleadings on the next date.

IA No. 13339/2023 u/s 5 of Limitation Act for condoantion of delay in filing reply to IA No. 1911/2023 filed by defendant no.2

8. The captioned IA was disposed off on 10.11.2023. Registry shall take note of the same.

CS(OS) 71/2023

9. Written statement of defendant no.2 has been filed, however, an application for condonation of delay is pending adjudication.

10. Written statements of defendant nos. 1 and 3 was filed on 24.06.2023.

11. Learned counsel for plaintiff seeks two weeks time to file replication. Replication to written statement of defendant nos. 1 and 3 has not been filed within thirty days and not even within extended period of 15 days. Chapter 7 Rule 5 of Delhi High Court (Original Side) Rules provides that in case replication is not filed within the extended time, the Registrar shall forthwith place the matter for appropriate orders before the Hon'ble Court.

12. Learned counsels for the parties submit that the This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2023 at 22:46:09 matter is listed before the Hon'ble Court on 04.12.2023.

13. The file may be placed before the Hon'ble Court on date already fixed i.e. 04.12.2023 for further directions.

SHUCHI LALER (DHJS), JOINT REGISTRAR (JUDICIAL At 1.24 pm At this stage, Ms. Ridhi Kapoor, learned counsel for defendant nos. 1 and 3 has appeared. She is apprised about today's order and next date of hearing.

SHUCHI LALER (DHJS), JOINT REGISTRAR (JUDICIAL DECEMBER 1, 2023/cd Click here to check corrigendum, if any This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2023 at 22:46:09