Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 5 CS No.1399/25
AMITANSU PATTANAIK Vs. AMRUTA PATTANAIK
04.10.2025
Present: Ms. Rupal Dwivedi, Ld. Counsel for plaintiff.
On the last date, an application under Order VI Rule 17 of CPC
had been filed on behalf of plaintiff.
Matter is at the stage of consideration.
Arguments heard on application under Order VI Rule 17 of
CPC.
Via present application, Ld. Counsel for plaintiff submits that
present is a suit for declaration along with permanent and mandatory injunction.
Via present application, plaintiff is seeking to amend the prayer clause of the
application under Order 39 Rule 1 and 2 of CPC which is as follows:
a) Pass an ad-interim order directing the Defendant No.1 has no
unilateral authority to restrict or obstruct the Plaintiff's access to oг
withdrawal of his rightful funds therein;
b) Pass an ad-interim order restraining the Defendant No.1 from
issuing any further stop-payment instructions ог otherwise
interfering with the Plaintiff's right to operate the above-mentioned
joint account;
c) Pass any Other order as this Hon'ble Court may deem fit and
proper in favour of the Plaintiff and against the Defendants.
The amendment sought by way of present application is formal
in nature and the suit is at the nascent stage wherein even summons are yet to
be issued to the defendant.
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Accordingly, the application in hand is allowed and amended
application under Order 39 Rule 1 and 2 of CPC is taken on record. Application
disposed of accordingly.
Issue summons for settlement of issues to the defendant
along with notice of amended application under Order 39 Rule 1 and 2 of
CPC on filing of PF/RC as well as through Speed Post, returnable for the
next date of hearing. Plaintiff is directed to bring the tracking report of RC
and Speed Post along with an affidavit, on the next date of hearing.
The process server is directed to serve summons strictly as per
the provisions of Order 5 Rule 17 of Code of Civil Procedure. If there is refusal
on behalf of defendant to accept the summons, the process server is directed to
effect the service by way of affixation. If the process server comes to know that
the defendant has shifted from the given address, the process server would try
from the neighbours of the locality to ascertain the fresh/new address where the
defendant has shifted and served summons to the defendant on such address.
If the process server after due diligence is not able to find the address at which
the defendant has started residing after shifting from the given address, the
process server is directed to effect the service of the summons by way of
affixation on the address on which the summons has been sent. Herein above
direction be specifically mentioned on the summons.
In addition, let summons of the suit be also issued to the
defendant electronically through WhatsApp and email as provided by
the plaintiff on affidavit, for the next date of hearing through the
Nazarat Branch. Plaintiff is directed to provide mobile number as well
as email id of the defendant along with complete plaint and documents
in PDF format and PF to the court staff.
Let steps be taken within seven days by the plaintiff.
Put up for appearance of defendant/further proceedings, on
10.12.2025.
Divya Gupta
CJ-08 (Central)
04.10.2025/Delhi
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