Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 992/24
Jasmine Kaur Vs. Apninder Singh
12.12.2024
Present: Sh. Gurvinder Singh, Ld. Counsel for plaintiffs.
Sh. Abhishek Sharma, Ld. Counsel for defendant.
Reply has been filed on behalf of plaintiffs to the application
filed by defendant under Order 7 Rule 11 CPC. Same is taken on record.
Copy supplied.
Ld. Counsel for defendant submits that he wishes to withdraw
the application filed by defendant under Order 7 Rule 11 CPC.
In view of the said submissions made by Ld. Counsel for
defendant, the said application is dismissed as withdrawn.
An application has been filed on behalf of plaintiffs under
Order 7 Rule 14(3) r/w Section 151 CPC seeking leave to take on record
the copy of sale deed dated 28.02.2024 as filed along with the replication.
No reply has been filed on behalf of defendant to the said
application and arguments have been addressed by Ld. Counsel for
defendant.
Ld. Counsel for plaintiff submits that the plaintiffs wish to
bring on record the copy of sale deed dated 28.02.2024 and prays that the
said document as filed along with the replication be taken on record and
the application under Order 7 Rule 14(3) CPC be allowed. Ld. Counsel for
plaintiff further submits that the said document could not be filed along
with the plaint as the plaintiffs were not in possession of the said
document at the time of filing of the plaint.
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Ld. Counsel for defendant has opposed the said application.
Arguments heard on the application under Order 7 Rule 14(3)
r/w Section 151 CPC.
The present matter is at a nascent stage and issues are yet to
be framed in the present mater. In the considered opinion of this court, no
prejudice would be caused to the defendant if the said document is
brought on record as the defendant would have an opportunity to cross-
examine the plaintiffs with respect to the said document.
Accordingly, the application filed on behalf of plaintiffs
under Order 7 Rule 14(3) r/w Section 151 CPC is allowed and the copy of
sale deed as filed along with the replication is taken on record.
An application has also been filed on behalf of plaintiffs
under Order 1 Rule 10(2) r/w Section 151 CPC. Same is taken on record.
Copy supplied.
Ld. Counsel for defendant seeks time to file reply to the said
application.
Reply, if any, be filed before the NDOH with advance copy to
the opposite party.
Defendant is directed to appear on NDOH.
Put up for arguments on the pending applications on
16.01.2025.
(Umang Joshi)
Civil Judge-04, Central,
Tis Hazari Courts, Delhi
12.12.2024
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