Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS DJ NO. 1389/25
RAJITA JAIN Vs. HARISH JAIN
12.03.2026
Present : Sh. Randeep Singh, Ld. Counsel for the plaintiff.
Sh. Anuj Jain, Ld. Counsel for defendant no. 1 alongwith
defendant no. 1 in person.
Sh. S. S. Jain and Sh. Sandeep Jain, Ld. Counsel for
defendant no. 2 through VC.
Defendant no. 3 in person.
No Written Statement filed by the defendant no. 3 despite
service on 07.01.2026. It is submitted by defendant no. 3 that he has
already vacated the suit property as a tenant on 30.06.2023.
Written statement alongwith an application under Order
VIII Rule 1 read with Section 151 CPC, vakalatnama, separate reply
to the application under Order XXXIX Rule 1 and 2 CPC, list of
documents alongwith documents filed on behalf of defendants no. 1
on 18.02.2026.
Written Statement alongwith an application under Order
VIII Rule 1 read with Section 151 CPC, vakalatnama, separate reply
to the application under Order XXXIX Rule 1 and 2 CPC also filed on
behalf of defendant no. 2 on 18.02.2026.
At this stage, it is submitted by the Ld. Counsel for
defendant no. 2 that they wish to adopt the documents filed by the
defendant no. 1.
Ld. Counsel for the plaintiff does not wish to file reply
to the application under Order VIII Rule 1 read with Section 151 CPC
filed by the defendants no. 1 and 2 and has no objection if the same is
allowed and Written Statement is taken on record.
Heard.
In view of the said submissions and content of the
applications filed under Order VIII Rule 1 read with Section 151
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(2)
CPC filed on behalf of defendants no. 1 and 2 separately and no
objection of the Ld. Counsel for the plaintiff, the two separate
application under Order VIII Rule 1 (IA no. 2/26 and IA no. 3/2026)
are allowed and disposed off accordingly. Written Statements of
defendants no. 1 and 2 as well as replies to the application seeking stay
alongwith the annexures are taken on record.
At this stage, Ld. Counsel for the defendant no. 1 has
raised objections regarding the maintainability of the present suit on
the account of deficient court fees filed.
Part submissions heard. Both the counsel seeks some
time to file relevant case laws in support of their submissions. Be filed
one week prior next date of hearing.
Ld. Counsel for defendant no. 2 has also pointed out as
per plaint filed by the plaintiff, plaintiff no. 3 is a minor and no
necessary permission has been taken by the plaintiff no. 1 for filing
the suit on his behalf.
Ld. Counsel for the plaintiff seeks some time to file
appropriate application in view of the above said submission.
Application, if any, be filed one week prior to the next
date of hearing with advance copy of the same to the opposite party.
Be put up for submissions on the point of court fees and
further proceedings on 13.05.2026.
The date has been given as per the convenience of Ld.
Counsel for the parties.
(Mahima Rai Singh)
DJ-02/CENTRAL/THC
DELHI/12.03.2026
(d)
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