Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 9CS DJ180/23
HARI SINGH Vs. ASHA AND ORS
17.10.2023	17.10.2023
Present:	Present: Ms. Meenakshi Agarwal, Ld. Counsel for plaintiff.	Ms. Meenakshi Agarwal, Ld. Counsel for plaintiff.
Ld. Counsel for defendant no. 1 to 6	Ld. Counsel for defendant no. 1 to 6
Sh. Mani Kant Singhal, Ld. Counsel for defendant	Sh. Mani Kant Singhal, Ld. Counsel for defendant
no. 16 to 20.	no. 16 to 20.
Process not issued.	Process not issued.
Ld. Counsel for the plaintiff requests for	Ld. Counsel for the plaintiff requests for
adjournment.	adjournment.
Adjournment allowed subject to cost of Rs. 1,000/-	Adjournment allowed subject to cost of Rs. 1,000/-
upon the plaintiff to be deposited in DLSA	upon the plaintiff to be deposited in DLSA
In between the dates, written statement on behalf of	In between the dates, written statement on behalf of
defendant no. 16 to 20, reply to the application under order 39	defendant no. 16 to 20, reply to the application under order 39
Rule 1 & 2 CPC and application u/o 9 Rule 7 CPC filed on	Rule 1 & 2 CPC and application u/o 9 Rule 7 CPC filed on
behalf of defendant no. 16 to 20.	behalf of defendant no. 16 to 20.
In the application under Order 9 Rule 7 CPC it is	In the application under Order 9 Rule 7 CPC it is
submitted by defendant no. 16 to 20 that they received the	submitted by defendant no. 16 to 20 that they received the
process of the court but could not mark their appearance on	process of the court but could not mark their appearance on
11.04.2023, 08.07.2023 and 12.09.2023 as they were ignorant	11.04.2023, 08.07.2023 and 12.09.2023 as they were ignorant
about the court procedure and being illiterate. It is thereafter	about the court procedure and being illiterate. It is thereafter
submitted that on 11.04.2023, they were proceeded ex-parte and	submitted that on 11.04.2023, they were proceeded ex-parte and
they learnt about the ex-parte order only on 25.09.2023 when	they learnt about the ex-parte order only on 25.09.2023 when
they approached the counsel for legal advice.	they approached the counsel for legal advice.
It is also submitted that defendant no. 19 is minor	It is also submitted that defendant no. 19 is minor
and orally submitted that application is filed through his natural	and orally submitted that application is filed through his natural
guardian namely Asha Devi. On the face of it, the application	guardian namely Asha Devi. On the face of it, the application
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does not inspire any confidence because all the defendants signed	does not inspire any confidence because all the defendants signed
their application, meaning thereby th plea of the defendants that	their application, meaning thereby th plea of the defendants that
they were ignorant about the court procedure and illiterate. Even	they were ignorant about the court procedure and illiterate. Even
it is not explained that how suddenly they came to know about	it is not explained that how suddenly they came to know about
the proceedings.	the proceedings.
Ld. Counsel for the plaintiff has submitted that he	Ld. Counsel for the plaintiff has submitted that he
has no objection if the said application is allowed subject to cost.	has no objection if the said application is allowed subject to cost.
Accordingly, the application is allowed subject to	Accordingly, the application is allowed subject to
cost of Rs. 5,000/- upon the defendant. Written statement is taken	cost of Rs. 5,000/- upon the defendant. Written statement is taken
on record.	on record.
Considering the submissions in the application as	Considering the submissions in the application as
well as in the written statement that defendant no. 19 is a minor,	well as in the written statement that defendant no. 19 is a minor,
his natural guardian and mother Smt. Asha Devi, who is	his natural guardian and mother Smt. Asha Devi, who is
defendant no. 16 is hereby appointed as legal guardian for him.	defendant no. 16 is hereby appointed as legal guardian for him.
Amended memo of parties be filed on the next date	Amended memo of parties be filed on the next date
of hearing. Fresh process be issued to defendant no. 21 for next	of hearing. Fresh process be issued to defendant no. 21 for next
date of hearing.	date of hearing.
Renotify on 09.01.2024.	Renotify on 09.01.2024.
(Parveen Singh)
ADJ-11/Central/THC
Delhi/17.10.2023	Delhi/17.10.2023
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