Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 28 Civ Suit No. 542/24
M/s Rajat Dyes And Chemicals Vs. M/s Narien Chem
23.08.2024
Present: Ld. Counsel for the plaintiff (through VC).
None for the defendant.
The present suit has been filed on behalf of the plaintiff for
recovery of Rs.2,42,699/-alongwith interest against the defendant un-
der Order 37 CPC.
After perusal of the plaint filed by the plaintiff, the present
suit does not seem to be maintainable under Order 37 CPC.
Counsel for the plaintiff has submitted that he has no ob-
jection if the present suit is converted into an ordinary suit for recovery
of money and be tried as such.
On the basis of said submissions made by the counsel for
the plaintiff, the present suit is converted into an ordinary suit for the
recovery of the money against the defendant and the name of the
defendant no. 2 is deleted from array of the parties as he does
not seem to be a necessary party for the adjudication of the
present suit.
Counsel for plaintiff is directed to file amended memo of
parties within 7 days from today.
Submission heard on the maintainability of the present
suit.
Present suit has been filed on behalf of the plaintiff within
the period of limitation as well as jurisdiction of this court.
Issue summons to the defendant no. 1 only at the given
address on filing of PF/RC/Speed post alongwith copy of plaint and
documents within 7 days from today, returnable for the NDOH.
Now, put up for report on summons / further proceedings
on 26.10.2024.
(Fahad Uddin)
ASCJ-cum-JSCC-cum-Guardian Judge
East, KKD Courts, Delhi/23.08.2024
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