Full Order Text
Order 6 · 21 Apr 2025 · CNR DLET030009932024
Order Details: COPY OF ORDER Pdf Text: 22 Civ Suit 612/24 BHAGAT SINGH (SENIOR CITIZEN) Vs. UPENDER MEHTO 21.04.2025 Present: Sh. Rajeev Kumar Rai, Ld counsel for the plaintiff. It has been orally prayed by Ld counsel for the plaintiff to take certain documents. Heard and allowed. In terms of previous order, clarifications have been obtained. It has been informed by Ld counsel for the plaintiff that as the plaintiff has filed the suit for declaring the rent agreement to be null and void, documents of ownership are not required. The RTI record is already annexed in the file. The plaintiff has already filed a suit for declaring GPA, Sale Deed as null and void and suit for possession in the year 2016 which is pending in the court of Ld. District Judge (East). Arguments have already been heard qua the application under Order 6 Rule 17 CPC and under Order 1 Rule 10 CPC. By way of the application under Order 1 Rule 10 CPC, the plaintiff wants to implead Dinkar National Model School as the defendant in the present matter. -- 1 of 3 -- The plaintiff is seeking relief against the aforesaid school, therefore, the aforesaid school is a necessary party in the present case and consequently, the application under Order 1 Rule 10 CPC is hereby allowed. Another application under Order 6 Rule 17 CPC is pending by way of which the plaintiff wants to add the relief for declaring rent agreement dated 22.07.1998 as null and void. The suit is at a nascent stage and the plaintiff by way of the amendment is adding the relief. If the relief is not sought, the plaintiff would be prejudiced by the provision of Order 2 Rule 2 CPC. Accordingly, the application under Order 6 Rule 17 CPC is hereby allowed. Amended plaint is taken on record Plaintiff is directed to file amended memo of parties in terms of this order. Issue summons of the suit for settlement of issues and notice of the application under Order 39 Rule 1 and 2 CPC, if any to the defendant(s) on filing of PF/RC for the next date. Defendant (s) shall file its WS within time stipulated by law. Put up on 04.08.2025. -- 2 of 3 -- (VINIK JAIN) ACJ-cum-CCJ-cum-ARC (East) KKD Courts, Delhi/21.04.2025 -- 3 of 3 --