Order 4

Order Details: COPY OF ORDER
Pdf Text: Civ Suit 122/26 Kavita Devi Vs. Billu Kumar Page No. 1 Of 4
18 Civ Suit 122/26
Kavita Devi Vs. Billu Kumar
13.05.2026
At 2:00 pm
Present: Ms. Kanika, Ld. Counsel for the plaintiff alongwith
plaintiff.
Sh. Amit Rathore, Ld. Counsel for defendant no. 1,
2 and 3.
Ms. Meghna Nimbekar, Ld. Counsel for defendant
no. 4/BSES through V/C.
Arguments have been heard on the application under
Order VI Rule 17 CPC. Record has been perused.
By way of the present application, the plaintiff
merely seeks to incorporate averments pertaining to territorial
jurisdiction, cause of action and valuation of the suit. Considering
the formal nature of the proposed amendments and as no prejudice
is likely to be caused to the opposite parties, the application stands
allowed. The amended plaint filed along with the application is
taken on record.
At this stage, it is pointed out by the ld. Counsel for
defendant no. 1 that the amended plaint is defective insofar as it
does not contain verification as required under law. Ld. Counsel
for the plaintiff admits that the verification is missing and states
that the omission is inadvertent. She undertakes to file a duly
verified and rectified plaint on the next date of hearing, strictly in
compliance with law.
Ld. Counsel for the plaintiff further submits that
arguments on the interim application under Order XXXIX Rules 1
and 2 CPC be heard, as the plaintiff is facing extreme hardship due
to lack of a basic amenity like electricity. Per contra, Ld. counsel
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for defendant no. 1 contends that arguments ought not to be heard
until the plaint is rectified.
In the opinion of this Court, the defect in the plaint
is technical and curable in nature. Merely on account of such
technical defect, the plaintiff cannot be rendered remediless or
denied consideration of urgent interim relief relating to a basic
civic amenity. Therefore, in the interest of justice, arguments are
being heard on the interim application subject to the plaintiff
curing the defects in the plaint and filing a duly verified amended
plaint by the next date of hearing .
Arguments heard. Record perused.
During the course of arguments, Ld. Counsel for
defendant no. 1 submitted that the suit property has been sold to a
third party and therefore no NOC can be furnished by defendant
no. 1 with respect to installation of an electricity connection. Ld.
Counsel for the plaintiff submits that she shall take appropriate
steps for impleadment of the alleged owner and shall file an
appropriate application under Order I Rule 10 CPC on the next
date of hearing.
The brief facts necessary for disposal of the present
application are that the suit has been filed seeking mandatory
injunction in relation to restoration/installation of electricity
connection and allied reliefs. It is stated that defendant no. 1 is the
husband of the plaintiff while defendant nos. 2 and 3 are the
brother and sister-in-law of defendant no. 1. It is further stated that
the plaintiff and defendant no. 1 are residing in the suit property,
which constitutes the matrimonial home of the plaintiff. It has also
been stated that proceedings under the DV Act and Section 125
Cr.P.C. are pending between the parties and that defendant no. 1
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with the malafide intention of forcibly ousting the plaintiff and
her children from her matrimonial home caused disconnection of
the electricity connection installed at the suit property.
It is further pertinent to note that during the course
of arguments, Ld. Counsel for the plaintiff submitted that though
certain additional prayers have been made in the interim
application seeking directions against defendant no. 1 with regard
to payment of electricity dues, the plaintiff, at this stage, is
pressing only the relief pertaining to installation of an electricity
connection in her own name on the basis of her possession over
the suit property and undertakes to bear and pay the electricity
charges herself.
It is an admitted position that the plaintiff is residing
in and is in possession of the suit property. Even defendant no. 1,
while asserting that the property has been sold to a third party,
admits that the plaintiff is residing therein along with him as a
tenant. Access to electricity constitutes an essential and basic
amenity necessary for dignified living and day-to-day
sustenance. The plaintiff cannot be denied such essential amenity,
particularly considering the prevailing extreme heat conditions in
Delhi.
Accordingly, without expressing any opinion on the
merits of the case, defendant no. 4/BSES is directed to install an
electricity connection in the suit property in the name of the
plaintiff, subject to filing of fresh application, completion of all
necessary formalities and payment of applicable charges by the
plaintiff. It is made clear that defendant no. 4/BSES shall not insist
upon an NOC from the owner for the installation of the electricity
connection. Further, defendant no. 4/BSES shall be at liberty to
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take recourse in accordance with law in case the plaintiff fails to
pay the electricity dues regularly.
This order is purely interim in nature and shall not
amount to an expression on the merits of the case. It is further
clarified that in the event the plaintiff fails to cure the defects in
the plaint and file a duly verified amended plaint by the next date
of hearing, appropriate orders with respect to continuance of the
present interim protection shall be liable to be passed.
Be put up for further proceedings on 11.08.2026.
Copy of this order be given dasti to Ld. Counsel for
the plaintiff, as prayed for.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
13.05.2026
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