Interim Order 15

Order Details: COPY OF ORDER
Pdf Text: 10 Civ Suit 912/23 GOPAL KHEMKA Vs. NEM SINGH
16.07.2026
1. Vide this order, I will be dispose off an application under
Order 6 Rule 17 CPC filed on 18.02.2025 filed by defendant no.1.
2. The application in brief is that defendant no.1 wants to
amend the WS and wants to add some facts in the heading Preliminary
Objections which could not be done earlier because of the failure of
defendant no.1 to understand the legal intricacies and complexities
owing to his illiteracy.
3. Reply was not filed on behalf of the plaintiff but it has
been orally argued that the application should be dismissed on the
ground that the defendant no.1 is resiling from his admission made in
the WS and the amendment is pertaining to the question of ownership
which is not a fact in issue in the present matter.
4. Arguments have already been heard. Record perused.
5. The WS originally filed by defendant no.1 did not contain
any preliminary objections though defendant no.1 in his WS had
clarified his defence shortly in paragraph no. 6 to 8. The preliminary
objections sought to be inserted by way of the amendment appears to
be extension of those aforesaid defence. In the original WS, defendant
no.1 never appears to have admitted that he was the tenant of the
plaintiff and the same is continued in the amended WS which is sought
to be taken on record and thus the question of resiling from admission
does not arise. The original WS appears to have been drafted in haste
and casual manner. Be that as it may, the suit is still at a very initial
stage wherein issues are yet to be framed. The defendant should be
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given opportunity to bring on record his proper defence or else it
would be a failure of justice. No prejudice will be caused to be
plaintiff if the application is hereby allowed provided that the plaintiff
is reasonably compensated.
6. In view of the aforesaid reason, the application under
Order 6 Rule 17 CPC is allowed subject to cost of Rs 10,000/- to be
paid by defendant no.1 to the plaintiff for the next date. Amended WS
is taken on record.
As amended WS is already taken on record, the
application under Order 12 Rule 6 CPC dated 31.08.2024 has become
infructuous and accordingly disposed off.
(VINIK JAIN)
ACJ-cum-CCJ-cum-ARC (East
KKD Courts, Delhi/16.07.2026
CS No. 912/23 Page No. 2/2
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