Interim Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS 346/25
Acobloom International Private Limited Vs. Krishna Kumar
13.04.2026
Present : Sh. Harshit Rai, Ld. Associate Counsel (Enroll. No.
D-13987/2022) for Sh. Akshay Goel, Ld. Counsel
for Plaintiff.
An application under Section 151 CPC for substitution
of AR of the plaintiff alongwith an affidavit/application under
Order V Rule 17 CPC filed today.
Heard on the applications.
It is submitted by the Ld. Counsel for the plaintiff that
the eralier AR of the plaintiff has left the compny and Sh. Ajit
Pihwal is appointed as new AR of the company and hence, it is
prayed that the application may be allowed and the AR of the
plaintiff may be substituted in place of earlier suit.
Arguments heard on the application under Section 151
CPC. The application has filed under wrong provision and instead
of filing it in under Section 151 CPC, it should be filed under the
provisions of Order I Rule 10 CPC.
It is trite to say that the wrong nomenclature or
mentioning wrong provision does not effect the merits and the
substance of the pleadings. Keeping in view, the settled proposition
of law and the submission of the Ld. Counsel for defendant, the
application under Section 151 CPC is treated an application Order I
Rule 10 CPC and the same is allowed. Sh. Ajit Pihwal is
substituted as an AR of the plaintiff. Application disposed of
accordingly.
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CS 346/25
Acobloom International Private Limited Vs. Krishna Kumar
13.04.2026
Further, an affidavit/application in compliance of
Order V Rule 17 CPC filed by the plaintiff. It is submitted by the
Ld. Counsel for the plaintiff that the defendant cannot be served
through an oridinary process on the last known address of the
defendant.
In view of the submissions of the Ld. Counsel for the
plaintiff, the application/affidavit under Order V Rule 17 CPC is
allowed and disposed of accordingly.
Let summons of the present suit be issued upon the
defendant on filing of PF within 7 days from today.
The plaintiff/any authorised person on behalf of the
plaintiff is allowed to accompany the process server.
In case of non-availability of the defendant(s)/evasion,
the defendant(s) be served by way of affixation. The process of
affixation shall be got photographed at the cost of the plaintiff. The
photographs shall be handed over by the plaintiff to the process
server, for being filed alongwith the report.
Be listed for further proceedings on 30.05.2026
The date has been given as per the convenience of Ld.
Counsel for the plaintiff.
(Sandeep Kumar Sharma)
District Judge-04, East District,
Karkardooma Courts, Delhi
13.04.2026
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