Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 3 CS DJ 1031/24
RAM KISHORE Vs. MURARI LAL SONI
17.09.2025
Present: Sh. Chirag Garg, Ld Counsel for plaintiff.
(appearing through VC)
Sh. Mukul Sharma, Ld Counsel for the defendant
with defendant in person.
Perusal of record shows that the matter is pending
for reply & arguments on the application under Order 7 Rule 11
CPC. Reportedly, no reply has been filed on behalf of the
plaintiff. However, at this stage, ld. Counsel for plaintiff seeks a
pass over to move an application seeking amendment in the
plaint.
In view of the same, let the matter be passed over
for 12’noon.
(NEERAJ SHARMA)
District Judge-04, Central
Tis Hazari Courts, Delhi
17.09.2025
At 12’noon.
Present: Sh. Chirag Garg, Ld Counsel for plaintiff.
(appearing through VC)
Sh. Mukul Sharma, Ld Counsel for the defendant
with defendant in person.
At this stage, an application under Order VI Rule
17 read with Section 151 CPC has been filed on behalf of the
plaintiff. Copy has been supplied today.
Though the matter was presently fixed for reply and
arguments on the defendant’s application under Order VII Rule
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11 CPC, however, since an application seeking amendment of
the pleadings has now been filed at this stage by the plaintiff,
this Court is of the considered view that, in terms of the settled
legal position, such application for amendment is required to be
adjudicated at the threshold. The rationale being that the
pleadings of the plaintiff must first attain finality and be
crystallized before this Court proceeds to examine an application
under Order VII Rule 11 CPC. It is well settled that if the plaint
suffers from any defect or deficiency, and such defect stands
cured by way of amendment, the application under Order VII
Rule 11 CPC may itself become infructuous. Therefore, in the
interest of justice, the application under Order VI Rule 17 CPC
is required to be considered first.
In view of the above observations, let the matter be
adjourned for reply and arguments on the application under
Order VI Rule 17 CPC on 19.11.2025. Reply, if any, shall be
filed on or before the next date of hearing with an advance copy
supplied to the opposite party.
(NEERAJ SHARMA)
District Judge-04, Central
Tis Hazari Courts, Delhi
17.09.2025
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