Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) 1041/24
PRATINAV CHADHA Vs. RICHA KAUSHIK
25.11.2024
Present: Sh. Maharaj Singh, counsel for plaintiff alongwith
plaintiff.
Summons yet to be issued to defendant.
Matter is listed for consideration.
An application U/o VI Rule 17 r/w Section 151 CPC
filed on behalf of plaintiff on 12.11.2024 for amendment in the
plaint, has been put up today.
By way of said application plaintiff wants to amend
para 18 of the plaint to incorporate the valuation for relief of
possession. Simultaneously, plaintiff wants to amend prayer
clause ‘a’ of the plaint. It is stated that appropriate court fee for
the relief of possession has already been filed, however,
inadvertently, in the valuation clause, the valuation for purposes
of relief of possession could not be mentioned and that instead of
decree for possession it was a decree for mandatory injunction
was prayed for vide prayer clause ‘a’.
Heard. File perused.
Amendment sought is of formal nature, yet
necessary for adjudication of the
lis in the present case. Matter is
still at initial stages and notice is yet to be issued to defendant.
Accordingly, amendment sought by plaintiff is allowed.
Application U/o VI Rule 17 r/w Section 151 CPC filed by
plaintiff is disposed off. Amended plaint filed alongwith
application is taken on record.
Summons of the suit as well as notice of plaintiff’s
application U/o XXXIX Rule 1&2 CPC r/w Section 151 CPC, be
Contd/..
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issued to the defendant, at all addresses mentioned in the plaint,
on filing of PF/RC/Speed Post/approved Courier.
Steps be taken within three weeks. Ahlmad shall
issue the summons within two weeks thereafter and if plaintiff fails
to take the steps within three weeks from today, process shall not be
issued unless the delay is condoned by the Court.
Defendant shall file written statement within 30 days
from the date of service.
Be listed awaiting for appearance/filing of written
statement on 08.01.2025.
(Illa Rawat)
District Judge (Commercial Court-03)
Central/ THC/ Delhi.
25.11.2024
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