Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: 16 Civ Suit 231/25 CHARANJEET ANAND Vs. SIMRAN CHOUDHRY
08.04.2026
Present: Sh. Sourabh Rastogi, Ld counsel for the plaintiff with plaintiff.
Sh. Rahul Choudhary, Ld counsel for the defendant (Through
VC).
Ld counsel for the plaintiff submits that he does not wish to file
any replies to the applications under Section 151 CPC and under Order 8 Rule
1 CPC of the defendant and that he is ready to straightway address his
arguments.
Arguments heard on the applications under Section 151 CPC as
well as under Order 8 Rule 1 CPC.
The applications under Section 151 CPC as well as under Order 8
Rule 1 CPC in brief is that on 03.01.2026 because of non working of VC, the
counsel for the defendant was not able to appear virtually and when he reached
physically in the court, the defence of the defendant was struck off. There is
also a delay in filing of WS of 50 days. Thus, it is prayed that the defence of
the defendant be restored and WS be taken on record and the delay be
condoned.
In view of the averments made in the applications, the applications
under Section 151 CPC as well as under Order 8 Rule 1 CPC are allowed
subject to cost of Rs 1,500/- to be paid by the defendant to the plaintiff for the
next date. The defence of the defendant is restored in terms of order dated
03.01.2026. WS filed by the defendant is taken on record.
It is submitted by Ld counsel for the plaintiff that the plaintiff does
not wish to file replication to the WS of defendant.
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From the pleadings of the parties and the material on record,
the following issues are framed in the present suit:
1. Whether the plaintiff is entitled to decree of possession as per
prayer clause (a) as prayed for ? OPP
2. Whether the plaintiff is entitled to decree of arrears of rent as per
prayer clause (b) as prayed for ? OPP
3. Whether the plaintiff is entitled to decree of mense profits as per
prayer clause (d) as prayed for ? OPP
4. Relief.
No other issue arises or is pressed for.
List of witnesses as well as evidence by way of affidavits has
already been filed on behalf of the plaintiff. Copy already supplied.
Put up for PE for 08.06.2026.
(VINIK JAIN)
ACJ-cum-CCJ-cum-ARC (East)
KKD Courts, Delhi/08.04.2026
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