Interim Order 12

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 22
CS 322/23
MAHENDER KUMAR Vs. NEELAM DEVI
08.08.2025
Present : Shri Roshan Lal and Shri Vipul Kumar, Ld. counsel
for the plaintiff.
None for defendant.
None for the proposed defendant.
Court Notice issued to defendants remains unserved
with the report that no such person is at the given address and
mobile numbers as mentioned in the memo of parties are not
reachable.
Matter is fixed for arguments on application U/o 1
Rule 10 CPC filed on behalf of the proposed defendant/Art
Housing Finance (India) Ltd. However, no one appeared on
behalf of the proposed defendants.
Ld. counsel for plaintiff submits that the proposed
defendant Art Housing Finance (India) Ltd. is neither a necessary
nor a proper party to the present suit.
Submission heard from the side of the plaintiff and
record perused.
It is seen that the present suit is a suit for recovery of
Rs. 6 lakhs along with interest filed by the plaintiff against the
defendant for damages for causing mental harassment to the
plaintiff. The present application under Order 1 Rule 10 of CPC
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has been filed by the applicant/proposed defendant Art Housing
Finance (India) Ltd. by averring that the defendant and her
husband have taken a loan from the applicant company by
mortgaging the property bearing plot no. 26, ground floor,
measuring 50 sq. yds. gali no. 2, Sunde Park, Shastri Nagar, Near
Geeta Colony, Shahdara, New Delhi -110031 and the original
registered document of the said property lies with the applicant
company.
In the present suit, the plaintiff has not prayed for
any relief against the applicant, nor any right, title, or interest has
been claimed by the plaintiff over the aforesaid property.
In view of this, the applicant company/proposed
defendant/Art Housing Finance (India) Ltd. is neither a necessary
party nor a property party to the present suit. Hence, the instant
application under Order 1 Rule 10 of CPC filed on behalf of Art
Housing Finance (India) Ltd. stands dismissed.
Put up on 18.10.2025 for completion of pleadings,
filing of affidavit of admission/denial of the documents and
framing of issues.
(SOMITRA KUMAR)
DJ-06,EAST/ KKD COURTS
DELHI/08.08.2025
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