Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) 168-24
M/s Katyani Maa Textiles through Proprietor Saurabh Jain
Vs.
M/s Champion Jeans
24.12.2024
Present: Sh. Mohit Agarwal, Ld. Counsel for plaintiff.
Defendant is already ex parte.
An application under Order 6 Rule 17 r/w Order 1 Rule
10 CPC supported by an affidavit along with amended memo of the
parties and amended plaint has been filed by Learned Sh. Mohit
Agarwal.
Arguments on the application heard.
Earlier the suit was filed by the plaintiff in the name of
proprietorship concern and the proprietorship concern business of the
defendant no.2 was also made as the defendant no.1.
Now, the plaintiff intends to sue the defendant no.2 in
his individual name. The defendant no.1 i.e. the name of the
proprietorship business of defendant no.2 is intended to be deleted
from the array of the parties as the proprietorship business has no
independent existence than its proprietor.
Considering nature of the amendments, the application is
allowed. The amended memo of the parties and amended plaint are
taken on record. No fresh summons to the defendant are necessary as
the earlier defendant no.2 has been converted to the sole defendant in
the present case and there is no change in the facts of the case.
Considering the changes in the plaint, consequent
amendments need to be carried out in the testimony of plaintiff.
At oral request of Ld. Sh. Mohit Agarwal, matter be put up for
further examination of plaintiff on 08.01.2025.
AJAY PANDEY
District Judge (Commercial Court-10)
Central, Tis Hazari Courts
24.12.2024
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