Interim Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 6 CS DJ NO. 1389/25
RAJITA JAIN Vs. HARISH JAIN
26.09.2026
Present : Sh. Randeep Singh, Ld. Counsel for the plaintiff (through
V.C.).
Sh. Anuj Jain, Ld. Counsel for defendant no. 1 alongwith
defendant no. 1 in person.
Sh. Sandeep Jain, Ld. Counsel for defendant no. 2.
Ms. Kanta Chaudhary, Ld. Counsel for defendant no.3
(through V.C.).
Separate replications to the WS of defendant nos.1 & 2
filed along with list of documents and documents filed on behalf of
the plaintiff online. Hard copy placed on record. Copy stated to be
already supplied.
Clarification sought from Ld. Counsel for the plaintiff
with respect to the documents.
Ld. Counsel for the plaintiff seeks some time to answer
to the query put by the court today with respect to the documents and
to file appropriate application, if any on or before NDOH.
Heard. Application, if any be filed on or before NDOH
with advance copy to the opposite side.
As per the report of Reader, the Hard copy of the WS,
application under Order 8 Rule 1 r/w Section 151 CPC for
condonation of delay in filing of written statement with affidavit, fresh
vakalatnama and proof of service has not been filed by the defendant
no.3.
Ld. Counsel for the defendant no.3 submits that on
account of her ill health, she is unable to appear before the court and
she seeks some time to take necessary steps with respect to the same.
At this stage, an application under Order VII Rule 11
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CPC r/w Section 151 CPC online. Hard Copy placed on record. Copy
supplied.
At this stage, an application under Order 1 Rule 10(2)
r/w Section 151 CPC filed on behalf of defendant no.3 along with
affidavit, proof of advance service online. Hard Copy placed on
record. Copy supplied.
At this stage, it is pointed out by the defendant no.1 that
as per order sheet dated 12.03.2026, it was pointed out earlier, that
plaintiff no.3 is a minor and no necessary permission has been taken
by the plaintiff for filing the suit on his behalf. Further that, till date
no appropriate application has been moved on behalf fo the plaintiff
with respect to the same.
In reply, Ld. Counsel for the plaintiff submits that he is
supporting judgment that no permission is required in case of the suit
being filed by a Natural Gaurdian on behalf of minor plaintiff on
record. Copy supplied.
Ld. Counsel for the defendant no.1 seeks some time to
go through the supporting judgment.
Accordingly, matter stands adjourned today.
Be listed for further proceedings i.e. consideration on
application under Order VII Rule 11 CPC and on point of objections
of minority of plaintiff no.3 on 27.11.2026 at 12:00 Noon. Ld. Counsel
for the plaintiff is directed to remain physically present before the court
on NDOH.
The date has been given as per the convenience of Ld.
Counsel for the parties.
(Mahima Rai Singh)
DJ-02/CENTRAL/THC
DELHI/26.09.2026
(RA)
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