Interim Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No. 1041/24
PRATINAV CHADHA Vs. RICHA KAUSHIK
07.04.2025
Present: Sh. Paras Pathak, counsel for plaintiff alongwith
plaintiff.
Sh. Sachin Kumar, counsel for defendant.
(joined
through VC)
Written Statement not filed on behalf of defendant,
till date. Counsel for defendant seeks passover till 12.00 Noon.
On request, matter is passed over till 12.00 Noon.
(Illa Rawat)
District Judge (Commercial Court-03)
Central/ THC/ Delhi.
07.04.2025
At 12.25 PM
Present: Sh. Paras Pathak, counsel for plaintiff alongwith
plaintiff.
Sh. Sachin Kumar, counsel for defendant alongwith
defendant. (Vakalatnama filed)
Hard copy of Written Statement as well as reply to
plaintiff’s application U/o XXXIX Rule 1&2 CPC filed. Copy
supplied to counsel for plaintiff today.
Perusal of e-filing portal reveals that e-filing of
written statement and reply was done by defendant on
06.04.2025. It is also seen from perusal of written statement that
statement of truth has not been filed alongwith it. As per sub-
rule (4) of Order VI Rule 15A CPC, if the pleading is not verified
by a statement of truth, namely, the prescribed affidavit, a party
cannot be allowed to rely upon such pleading as evidence or for
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any other matter as set out therein. In view of the same, the
written statement filed by defendant cannot be taken on record.
Further, defendant was served on 07.12.2024. Today is 121st day
after the service of the defendant and hence further opportunity
cannot be granted to defendant for filing written statement.
Opportunity to file the same stands closed.
Heard on plaintiff’s application U/o XXXIX Rule
1&2 CPC whereby plaintiff has prayed that defendant, her agent,
attorney, legal heirs be restrained from sub-letting and/or creating
third party right, title or interest in the suit property i.e. shop on
the ground floor, admeasuring 25 sq. yards of property no.C-321,
Gandhi Vihar, Delhi-110009. Admittedly, a registered lease deed
dated 19.09.2023 was executed between the parties. The
relationship between the parties is not disputed though it is
claimed that defendant is entitled to remain in possession thereof
till 18.09.2026.
Since plaintiff is the owner of the suit property,
prima-facie case and balance of convenience are in favour of the
plaintiff. In case defendant parts with the possession of the suit
property, plaintiff would suffer irreparable loss and injury.
Considering that defendant is only a lawful tenant
and the ownership of the property lies with the plaintiff as also
the fact that no cogent defence has been put forth by defendant
and defendant’s opportunity to file written statement stands
closed, the plaintiff’s application U/o XXXIX Rule 1&2 CPC is
allowed and the defendant, her agent, attorney, legal heirs are
restrained from sub-letting and/or creating third party right, title
Contd...3/-
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or interest in the suit property i.e. shop on the ground floor,
admeasuring 25 sq. yards of property no.C-321, Gandhi Vihar,
Delhi-110009, till the disposal of case. Application U/o XXXIX
Rule 1&2 CPC filed on behalf of plaintiff is disposed off
accordingly. Nothing stated herein shall tantamount to expression
of any opinion on the merits of the case.
Affidavit of plaintiff by way of evidence filed today.
Copy supplied to counsel for defendant.
Matter now be listed for tendering the affidavit of
plaintiff as well as his cross-examination on 13.05.2025.
Counsel for plaintiff submits that no other witness is to be
examined on behalf of the plaintiff.
(Illa Rawat)
District Judge (Commercial Court-03)
Central/ THC/ Delhi.
07.04.2025
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