Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS 197/25
JYOTI YADAV Vs. NARENDER KUMAR YADAV
20.05.2026
Present: Sh. Khalid Miyan, Ld. LSA for plaintiffs.
Sh. Amit Singh, Ld. Counsel for defendants No. 1 and
2 alongwith defendant No. 1 in person.
Matter is listed for remaining arguments on the
application under Order VII Rule 11 CPC and also for reply and
arguments on the application under Order VI Rule 17 CPC.
It is submitted by the Ld. Counsel for the plaintiffs that
his application under Order VI Rule 17 read with Section 151 CPC
seeking amendment in the plaint is pending for disposal.
Since the suit is at its intitial stage and no prejudice shall
be caused to the defendants, if the present application is allowed. As
such, the application under Order VI Rule 17 CPC is allowed and
disposed of accordingly. The amended plaint is taken on record.
It is submitted by the Ld. Counsel for the plaintiffs that
an application under Order VII Rule 14 CPC for placing on record
additional documents i.e (i) photcopy of 10th certificate of Ms. Jyoti
Yadav, (ii) photcopy of 10th marksheet of Ms. Jyoti Yadav, (iii)
photcopy of 12th certificate of Ms. Jyoti Yadav, (iv) Photocopy of 12th
marksheet of Ms. Jyoti Yadav, (v) photocopy of admission card
regular of Ms. Jyoti Yadav, (vi) photcopy of character certificate of
Ms. Jyoti, (vii) photocopy of voter ID card of Ms. Jyoti Yadav (viii)
Photocopy of offer letter of Sunita, (ix) photcopy of X marksheet of
Ms. Sunita, (x) Photocopy of 12th certificate of Sunita and (xi)
photocopy of graduation certificate of Ms. Sunita, has been filed.
Ld. Counsel for the defendant has further submitted that
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CS 197/25
JYOTI YADAV Vs. NARENDER KUMAR YADAV
20.05.2026
the copy of the documents as mentioned at page no. 7,9,11,12 and 13
may be provided to him as the same are illegible. The same are
supplied to the Ld. Counsel for the defendants today in Court. The
documents as mentioned in the application are taken on record.
Since the suit is at its intitial stage and no prejudice shall
be caused to the defendants, if the present application is allowed. The
application under Order VII Rule 14 CPC is allowed and the
photocopy of the documents as mentioned above are taken on record.
Ld. Counsel for the defendant has submitted that his
application under Order VII Rule 11 CPC is pending for disposal.
Arguments heard on the application.
It is submitted by the Ld. Counsel for the defendant that
the plaintiffs have not aid the advolerm court fee on the relief claimed
by them.
It is no longer res-integra that in the suit for partition the
constructive possession ought to have been considered unless the
exclusion, ouster from the property is pleaded by the plaintiff. The
Hon’ble Supreme Court of India in the case of
‘Neelavathi vs
N.Natarajan, AIR 1980 SC 691’, held that the question of court fees
must be considered in the light of the allegation made in the plaint
and its decision cannot be influenced either by the pleas in the written
statement or by the final decision of the suit on merits. It was held
that the general principle of law is that in the case of co-owners, the
possession of one is in law the possession of all unless ouster or
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CS 197/25
JYOTI YADAV Vs. NARENDER KUMAR YADAV
20.05.2026
exclusion is proved.
In view thereof, the application under Order VII Rule 11
CPC is dismissed.
Defendant is at liberty to file amended written
statement, if any, alongwith additional documents, if any, within 30
days from today with supply of advance copy to the opposite side.
Replication, if any, be filed with supply of advance copy
of the same to Ld. Counsel for defendants at least 15 days before the
next date of hearing.
Both parties are directed to file affidavit of
admission/denial of documents and proposed issues with supply of
advance copy to each other at least 15 days before the next date of
hearing.
Be listed for completion of pleadings, admission denial
of documents and for framing of issues 07.07.2026.
The date has been given as per the convenience and
request of Ld. Counsel for the parties.
(Sandeep Kumar Sharma)
District Judge-04, East District,
Karkardooma Courts, Delhi
20.05.2026
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