Order 7

Order Details: COPY OF ORDER
Pdf Text: 25Civ Suit431/23
PAWAN KUMAR JAIN (Sr. Citizen) Vs. VIRENDER KUMAR JAIN
(BADMER
17.08.2024
Present: Sh. Kunal Jain, Ld. counsel for the plaintiff.
Defendant no. 3 in person.
Sh. Prakash Baghel, ld. counsel for defendant no. 4, 5, 6 , 7 & 8.
Sh. D.K. Bhatia, Ld. counsel for the defendant no. 8.
Defendant no. 9 in person.
Defendant no. 2 is already ex-parte.
None for defendant no. 1.
Fresh Vakalatnamas are filed on behalf of the defendant no. 4, 5, 6, 7 & 8. Additional
Vakalatnama also filed on behalf of defendant no. 8.
An application has been filed under Section 151 CPC for appointment of Election
Commissioner for conducting elections in the Society namely Sh. Vardhman Digamber Jain Mandir Sabha.
Today, Ld. counsel for the defendant no. 4, 5, 6 , 7 & 8 has pointed out that the fresh WS was
filed on behalf of defendant no. 1, 4, 5, 6 & 7 on 31.05.2024, was dated 16.05.2024 and the SPAs filed on the
said date also pertain to 16.05.2024 only. It is submitted that although there is a considerable delay in fling of
the WS, but the same was not intentional or deliberate and the court may allow the WS on record. Heard.
The WS filed on 31.05.2024 is taken on record in respect of defendant no. 4, 5, 6 & 7 only,
as no SPA has been filed on behalf of defendant no. 1. The same is allowed subject to cost of Rs.2000/- to be
paid by the said defendants to the plaintiff by the next date.
Accordingly, defense of defendant no. 1 stands struck off.
Let reply to the application under Section 151 CPC be filed by the plaintiff by the next date
of hearing.
Parties are at liberty to file application for production / discovery of documents by the other
party, by the next date of hearing.
Put up for further submissions on the pending applications on 08.11.2024.
Interim Order to continue for the next date.
(VINOD JOSHI)
ACJ-cum-CCJ-cum-ARC (East)
KKD Courts, Delhi/17.08.2024
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