Order 27

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 2 CS DJ 653/23
SHAMA SRIVASTAVA Vs. SH RAJESHWAR NARAIN AND ORS
10.04.2026
Present: Sh. Abhay Kumar with Sh. Sanjog Sharma, Ld. Counsel for the
plaintiff.
Ms. Niyati Shriparna, Ld. Proxy Counsel for the defendant
no.1, 5 to 8, 13 and 17.
Notice of the application under Order 22 Rule 4 CPC were
issued to the LRs of the deceased but same were received unserved with the
report that ‘they have already left the given address around 10 years back’.
File perused.
2. In the instant case, an application was filed under Order 6 Rule
17 CPC but it appears that same was not argued nor any order was passed. In
the amended plaint, no paragraph on the point of pecuniary jurisdiction has
been mentioned. It is not clear that the summons were issued to the defendant
with the amended plaint or unamended plaint.
3. The present suit has been filed for the relief of injunction only
without seeking the relief of partition. Accordingly, certain queries were
raised by this court on the maintainability of the present suit to which, Ld.
Counsel for the plaintiff states that he needs some time to go through the file
and to file relevant case laws/precedents. Both the parties are given liberty
for the said purpose.
4. Put up for arguments on maintainability of the present suit on
22.05.2026.
(Naresh Kumar Laka)
DJ-07/Central/THC
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