Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: -Pages 1/3
17 CS SCJ 2447/24
SANJEEV KUMAR Vs. GEETA AND ORS.
17.04.2025
Present: Sh. Deepak Kohli, Ld. Counsel for plaintiff through VC.
Sh. Naresh Kumar, Ld. Counsel for defendants no.1, 2 and 3.
Defendants no.1, 2 and 3 in person.
Matter is at the stage of arguments on application under Order 39
Rule 1 & 2 r/w 151 CPC/filing of application under Order 1 Rule 10 C.P.C. on
behalf of plaintiff, if any/ filing of application for depositing arrears of
rent/future rent on behalf of plaintiff, if any.
An application has been filed under Order 1 Rule 10 C.P.C. r/w
Section 151 C.P.C. on behalf of the plaintiff alongwith amended memo of
parties. Same is taken on record. Copy supplied. Reply be filed on behalf of
defendants no.1, 2 and 3 on the NDOH.
An application has been filed under Section 151 C.P.C. on behalf
of plaintiff seeking waiver of cost imposed on the plaintiff vide order dated
01.04.2025. Same is taken on record. Copy supplied. Heard. Ld. Counsel for
the plaintiff submits that on 01.04.2025, he had appeared through VC but due to
connectivity issue, the matter was passed over on the request of the plaintiff for
11.00 AM. At 10:55 AM, when the counsel for the plaintiff tried to join through
VC, he could not connect despite having stable internet connection and was
marked absent thereafter during the course of the day. That cost of Rs. 15,000/-
was imposed on the plaintiff and was observed that no application had been
filed for impleadment of necessary parties which was factually incorrect as
application was e-filed on 17.02.2025 in the portal. That due to the connectivity
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issue, the factum of filing of the aforesaid application could not be brought to
the notice of the court. It is prayed that cost imposed upon the plaintiff vide
order dated 01.04.2025 be waived.
Per contra, Ld. Counsel for the defendants no.1, 2 and 3 submits
that matter was taken up three times on 01.04.2025 and after the first pass over,
neither the plaintiff nor the counsel of the plaintiff had appeared in the court.
That no physical application under Order 1 Rule 10 C.P.C. was filed on behalf
of the plaintiff on that day or even apprised to the court nor any advance copy
of the same had been supplied to the counsel for the defendants no.1, 2 and 3 in
advance to the date of hearing i.e. 01.04.2025. That even the plaintiff did not
take steps for depositing the rent despite submissions made on 15.02.2025 and
even the admitted rent as per the plaintiff’s own pleadings was not paid.
Application is strongly opposed. Heard. Perused.
I have carefully considered the submissions and perused the
record.
The Ld. Counsel for the plaintiff had appeared at 10:30 AM on
01.04.2025 and upon his request, matter was passed over to 11:00 AM,
however, none appeared on behalf of the plaintiff at 11:00 AM whereas the
defendants no.1, 2 and 3 were present alongwith their counsel and they were
requested by the court to wait till 11:30 AM. Thereafter at 11:45 AM, the matter
was again called out, still no appearance was put on behalf of the plaintiff
whereas defendants no.1, 2 and 3 were present in person with their counsel. The
long and short of it is that an adjournment was unnecessarily caused by the
plaintiff as no appearance was put nor any effective submissions were made and
neither the defendants no.1, 2 and 3 had been supplied any advance copy of the
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application under Order 1 Rule 10 C.P.C. already e-filed on behalf of the
plaintiff on 17.02.2025 before the date of hearing i.e. 01.04.2025. In these
circumstances, there is no fit ground to waive the cost, however, same is
reduced to Rs. 10,000/- payable by the plaintiff to the defendants no.1, 2 and 3.
Application is disposed off accordingly. Cost be paid today itself to the
defendants no.1, 2 and 3.
Plaintiff has been examined under Order 10 C.P.C. and his separate
statement has been recorded in this regard.
As per the statement of the plaintiff made under Order 10 C.P.C.
the arrears of rent for the period September 2024 till March 2025 to the
defendants no.1, 2 and 3 @ Rs. 12,000/- per month for the aforesaid seven
months is payable and previously the last rent was paid to the late husband of
defendant no.1 namely Sh. Babu Lal. Accordingly, plaintiff is hereby directed
to deposit the arrears of rent Rs.84,000/- vide DD payable in the name of
defendant no.1 Smt. Geeta on the NDOH.
On filing of PF, issue notice to the proposed defendants qua the
application under Order 1 Rule 10 C.P.C. filed on behalf of the plaintiff,
returnable for 06.06.2025.
(Aakash Sharma)
Civil Judge-02 (Central), Delhi
17.04.2025
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