Order 4

Order Details: COPY OF ORDER
Pdf Text: 27Civ Suit431/23PAWAN KUMAR JAIN (Sr. Citizen) Vs. VIRENDER
KUMAR JAIN(BADMER)
15.03.2024
Present: Sh. Kunal Jain, Ld. Counsel for the plaintiff.
Defendant no. 3 in person.
Sh. Charanjeet Singh, Ld. Counsel for the defendant no. 1, 4, 5, 6,
7 and 8.
None for the defendant no. 2 and 9.
WS has been filed on behalf of the defendant no. 1, 4, 5, 6, 7 and
8 alongwith an application under Order 8 Rule 1 read with Section 151 CPC on
27.09.2023. Copy supplied today.
Certificate under Section 65-B of Indian Evidence Act alongwith
tracking reports has been filed on 27.09.2023 in respect of the service upon the
defendant no. 5, 6 and 7 through registered post.
Accordingly, the defendant no. 7 is served on 03.08.2023,
defendant no. 5 is served on 03.08.2023 and defendant no. 6 is also served on
03.08.2023.
Today, reply to the application of the plaintiff under Order 39 rule
1 and 2 CPC has been filed on behalf of the defendant no. 1, 4, 5, 6, 7 and 8.
Copy supplied.
Arguments heard on the application under Order 8 Rule 1 read
with Section 151 CPC. Record perused.
In the interest of justice, the application under Order 8 Rule 1 read
with Section 151 CPC is allowed subject to cost of Rs 6,000/- to be paid by the
defendant 1, 4, 5, 6, 7 and 8 to the plaintiff for the next date. WS of defendant
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no 1, 4, 5, 6, 7 and 8 is taken on record.
None has appeared on behalf of the defendant no. 2 and 9.
Accordingly, defendant no. 2 and 9 are hereby proceeded ex-parte.
Put up for arguments on the application under Order 39 Rule 1
and 2 CPC on 09.05.2024.
(VINOD JOSHI)
ACJ-cum-CCJ-cum-ARC (East)
KKD Courts, Delhi/15.03.2024
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