Order 6

Order Details: COPY OF ORDER
Pdf Text: 16 CS DJ 800-23 RUPAM DEVI Vs. KIRAN SHOREWALA
22.04.2025
Present : Sh Sahib Rajput, Ld counsel for plaintiff with plaintiff in
person.
Ld counsel for defendant.
Matter is today fixed for arguments on the application u/o 6 Rule 17
CPC moved on behalf of plaintiff on the ground that while drafting the plaint the
description of the property has been wrongly mentioned as 2452, 2nd Floor, Punjabi
Basti, Sabzi Mandi, Delhi-110007.
It is also submitted by the counsel for plaintiff that as per sale deed on
the basis of which the present suit has been filed, description is mentioned as as 2452,
3rd Floor, Punjabi Basti, Sabzi Mandi, Delhi-110007.
It is fairly conceded by the counsel for defendant that there is no legal
objection w.r.t contents of present application u/o 6 Rule 17 CPC moved on behalf of
plaintiff. However, it is submitted by the counsel for defendant that on account of the
fact that application has been filed by the plaintiff at a very belated stage and WS has
already come on record, application should be allowed by imposing heavy cost upon
the plaintiff.
Heard. Considered.
No doubt, as per the amended provisions of order 6 Rule 17 CPC, the
application should have been filed at the earliest which opportunity stand not filed
within the time limit as plaintiff despite being aware of this fact, as raised by defendant
in his Written Statement, proceeded to file replication instead of filing present
application at that stage.
Accordingly, in these circumstances, application u/o 6 Rule 17 CPC
stands allowed subject to payment of cost of Rs. 10,000/- to be paid to the defendant.
Subject to payment of cost, amended plaint be filed, if not filed and if
already stand filed, same be taken on record.
Put up the matter for payment of cost as well as for further proceedings
now on 22.07.2025.
(Vinay Singhal)
District Judge-09 (Central)
Tis Hazari Courts, Delhi.
22.04.2025
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