Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Civ Suit 657/25
Pawan Kumar Maheshwari Vs. Daulat Ram Dixit
07.05.2026
Present: Mr. Manoj Kumar, Ld. Counsel for the plaintiff.
Mr. Kunal Khanna, Ld. Counsel for the
defendant.
1. The application filed by the plaintiff under Order VI
Rule 17 CPC has been taken up for disposal.
2. Mr. Kumar, Ld. Counsel for the plaintiff, submits that
through this application, the plaintiff seeks to amend
paragraphs 9, 10, 14, 15 and 17 of the plaint. He contends
that after reconciliation of the bank statements, it came to
the notice of the plaintiff that a principal amount of Rs.
35,000/- is only due from the defendant. He submits that
accordingly, the claimed amount has been reduced to Rs.
54,540/- (principal amount of Rs. 35,416/- + interest
calcuated @ 24% per annum from 20.05.2023 to
20.08.2025). He argues that the amendments do not
change the nature of the suit and are necessary for proper
adjudication.
3. Mr. Khanna, Ld. Counsel for the defendant, submits
that he has no objection if the application is allowed subject
to costs. He submits that the cost is required to be imposed
as the plaintiff had been negligent in claiming the correct
amount, and the present application has been filed only
when the defendant annexed his bank account statement
with the written statement.
Cont..
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4. I have heard the submissions and perused the record.
Considering the nature of the amendments and also in
view of the no objection of the counsel for the defendant,
the application is allowed, subject to a cost of Rs. 700/- to
be paid to defendant. The application is accordingly
disposed of. Amended plaint is taken on record.
5. At this stage, Ld. Counsel for the defendant submits
that he adopts his earlier written statement and does not
wish to file additional/amended written statement.
6. Ld. Counsel for the plaintiff seeks time for filing
replication to the written statement of the defendant.
7. Replication (if any) be filed with an advance copy to
other side.
8. List the matter for completion of pleadings/A/D of
documents/framing of issues on 27.07.2026.
(AYUSH SHARMA)
CIVIL JUDGE/EAST
KKD COURTS/07.05.2026
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