Order 3

Order Details: COPY OF ORDER
Pdf Text: 10 CS DJ No. 742/24
Syed Anis Ahmed & Ors. Vs. Syed Aijaz Ahmed (Senior Citizen) &
Ors.
29.11.2024
Present: Sh. Deepak Kaushik, Ld. Counsel for plaintiff alongwith
plaintiff.
Sh. Lakshay Sharma, Ld. Counsel for defendant
no.1.
Defendant no.2 is already ex-parte.
Ms. Harsha Rani, Ld. Counsel for defendants no.3, 5 &
34.
Sh. R. P. Pandey, Ld. Counsel for all defendants except
defendants no.1 to 3, 5 & 34 through VC.
WS alongwith application under Section 5 of Limitation
Act seeking condonation of delay in filing of WS has been moved on
behalf of defendant no.1. Same is treated as application under Order
VIII Rule 1 CPC. For the reason stated therein, same is allowed and
WS is taken on record. Copy supplied.
WS alongwith application under Order VIII Rule 1 CPC
seeking condonation of delay in filing of WS has been moved on
behalf of all the defendants except defendants no.1, 2, 3, 5 & 34. Ld.
Counsel for defendants submits that an application under Order VIII
Rule 1 CPC has been filed for condonation of delay in filing the WS.
For the reason stated therein, same is allowed and WS is taken on
record. Copy supplied.
WS alongwith application under Order VIII Rule 1 CPC
seeking condonation of delay in filing of WS has been moved on
behalf of defendants no.3, 5 & 34. Ld. Counsel for defendants submits
that an application under Order VIII Rule 1 CPC has been filed for
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condonation of delay in filing the WS. For the reason stated therein,
same is allowed and WS is taken on record. Copy supplied.
Ld. Counsel for plaintiff submits that pages no.1 & 2 of
list of documents are completely dark and illegible. I have perused the
same and found the contentions of the Ld. Counsel for plaintiff to be
correct because today also, same kind of copy has been supplied.
It is further pointed out that page-8 i.e. translation of a
document has been filed which is stated to be a family settlement but
the title of the translation is agreement to sell. The said fact is found to
be correct and therefore, it is recorded that on page-8 which is
translation of the document stated to family settlement, the title of the
document shall be read as agreement to sell.
A clear copy of the pages no.1 & 2 be supplied to the
plaintiff within seven days from today and the entire WS and set of
documents filed by defendant no.1 be also supplied to the other
defendants.
Defendants no.3, 5 & 34 shall supply the copy of their
WS to other defendants within seven days and similarly, the
remaining defendants shall also supply a copy of their WS to other
defendants within seven days.
Put up for filing of replication, admission/denial of
documents and framing of issues on 13.02.2025. Advance copy be
supplied to the other party atleast 07 days prior to the next date of
hearing. Affidavits of admission/denial be filed on behalf of the
parties on the next date of hearing.
(Parveen Singh)
District Judge-11/Central/THC
29.11.2024
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