Final Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 4Misc DJ528/25
RAJESH JALOTA Vs. PRADEEP KAPOOR
22.07.2025
Present: Sh. Puru Sahora, Ld. Counsel for applicant/plaintiff.
File of the main case bearing no. CS (COMM)
868/2023 stands summoned and has been put up along with this
application.
The submissions made by Ld. Counsel for
applicant/plaintiff have been heard and the record of the main file
perused.
This is an application filed on behalf of plaintiff
under Sections 151, 152 & 153 CPC seeking
correction/amendment of the decree passed in this case in terms
of the ex-parte judgment dated 18.03.2024 of the court.
It has been pointed out by Ld. Counsel for plaintiff
and also observed by the court on perusal of record that while
allowing the suit of plaintiff vide judgment dated 18.03.2024 for
recovery of a sum of Rs. 7,69,979/- from defendant, along with
interest @ 9% pa from filing of the suit till realization of the said
amount, costs of the suit were also awarded to plaintiff. However
it appears that due to some clerical mistake or omission, this fact
is not found incorporated in decree prepared in terms of the
above ex-parte judgment, though the schedule of costs to which
the plaintiff was entitled is found annexed with the decree.
Since the above omission has happened due to a
clerical mistake on the part of Reader in preparing the decree, the
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decree is liable to be amended/corrected so as to incorporate
specifically the fact that costs of the suit have also been awarded
to the plaintiff. Hence, this application filed by plaintiff is being
allowed & disposed off and amended decree in terms of this
order as well as the terms contained in above ex-parte judgment
is directed to be prepared.
Let file of this application be attached with the main
file and main file be sent back/consigned to the record room.
(M. K. Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/22.07.2025 (p)
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