Interim Order 7

Order Details: COPY OF ORDER
Pdf Text: 27 Civ Suit 221/23
DHARAMBIR Vs. SONU KUMAR
11.11.2024
Present : Sh. M. A. Ansari, Ld. Counsel for plaintiff.
Mr. Ravinder Singh and Ms. Sakshi, Ld. Counsels for the
defendant no. 1 and 2.
Ms. Ritika, Ld. Counsel for the defendant no. 3.
On perusal of case file, it is observed that matter is at the stage
of consideration on application under Order 22 Rule 3 CPC. Ld. Counsel for
defendant no. 1 and 2 as well as for defendant no. 3 also concede fairly that
the application was filed within the prescribed time period.
Application perused. Found to be in order. For the reason stated
therein, it is allowed. LRs of the plaintiff is hereby substituted in the name of
deceased. Amended memo of the parties already filed, taken on record.
Out of the pleadings of the parties, the following issues are
arised for adjudication of the present case.
1) Whether the plaintiff is entitled to recovery of Rs.1,95,000/-
from all the defendants alongwith interest @ 18 % per annum from the first
installment to defendant no. 3 under joint liability? OPP
2) Whether the defendants are liable to pay compensation and
damages for the mental injury /bodily pain suffered? OPP
3) Whether the present suit is maintainable for want of cause of
action being hit by the Section 70 of Delhi Cooperative Society Act, 2003 /
Specific Relief Act, 1963 ? OPD3
4) Relief.
-- 1 of 2 --
-2-
Let appropriate steps be taken in the present case by the plaintiff
for leading evidence, on the NDOH.
Ld. Counsel for plaintiff is also directed to supply advance copy
of evidence by way of affidavit of proposed witnesses to the counsels for the
defendants at least one week before the NDOH.
It is pointed by Ld. Counsel for the plaintiff that cost of
Rs.1000/- imposed on defendant no. 3 has still not paid. The same be
positively paid on NDOH, failing which, defendant no. 3 shall not allow to
cross-examine the witness’s witness.
Now, put up for PE / further proceedings on 27.01.2025.
(Gaurav Sharma)
ASCJ-cum-JSCC-cum-Guardian Judge
East, KKD Courts, Delhi/11.11.2024
-- 2 of 2 --