Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS No.56/2024
Chandra Siwach Vs Latika Singh
27.04.2024
Present: Mr. Akash Deep, Ld. Counsel for the plaintiff.
Mr. Atharv Bhardwaj, Ld. Counsel for the defendant.
Written statement and vakalatnama are filed by Ld.
Counsel for the defendant.
Copy is supplied.
Ld. Counsel for the defendant submits that the plaintiff has
mentioned an incorrect address of the defendant in the plaint. He
states that the defendant is residing at 105, Jor Bagh, New Delhi.
In view of this submission, plaintiff is directed to file
amended memo of parties incorporating the correct address of the
defendant.
Ld. Counsel for the plaintiff submits that the written
statement has been filed belatedly. He states that it may be taken
on record subject to payment of cost.
Ld. Counsel for the defendant agrees to pay cost, subject to
which the delay could be condone.
Record is perused.
Summons were served on 05.03.2024 and written
statement had to be filed within 30 days from the said date.
In view of the above submissions of the Ld. Counsels, the
delay is condoned subject to cost of Rs.5,000/- to be paid by the
defendant to the plaintiff.
-- 1 of 2 --
-2-
Ld. Counsel for the defendant undertakes to pay the cost
on the next date of hearing.
Let the same be done.
Since the defendant has admitted in the written statement
that she is only a tenant in Flat No.G-102, Som Vihar Housing
Cooperative Society, R.K. Puram, New Delhi, the application of
the plaintiff under Order 39 Rule 1 & 2 r/w Section 151 CPC is
allowed and the defendant is restrained from creating third party
interest in the above flat till disposal of the present suit.
Let replication be filed within 30 days from today after
supplying advance copy to the Ld. Counsel for the defendant.
Let affidavits of admission and denial of documents and
proposed issues be filed by the next date of hearing after
supplying advance copy to the opposite party atleast 15 days
prior to the next date of hearing.
To come up for payment of cost, filing of amended memo
of parties and for framing of issues on 12.07.2024.
(Shirish Aggarwal)
Additional District Judge-03
Patiala House Courts, New
Delhi 27.04.2024
-- 2 of 2 --