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Order 2

CNR DLND01002561202604 Apr 2026
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Order 2 · 04 Apr 2026 · CNR DLND010025612026

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 1 CS 113/26
SHRI GURPREET SINGH Vs. SHRI AJAY
KUMAR KARN
04.04.2026
Present: Mr. Pawan Kapoor, Ld counsel for plaintiff
Present suit for seeking compensation of Rs. 10
Lakhs is filed by the plaintiff against the defendant stating there
in that the plaintiff has purchased the suit property from the
defendant in the year 2021 and it was for the defendant to get
installed electricity meter in the suit premises.
It is further stated that since defendant failed to get
the said meter installed, a suit for mandatory injunction was filed
by the plaintiff against the defendant, whereby the said suit was
disposed off being infructuous by Ld. ACJ on the ground that the
electricity meter has been installed.
By way of present suit, compensation si being
demanded by the plaintiff stating that due to non installment of
electricity meter damages were suffered by him.
Upon query, so raised by this court as to why the
present suit is not barred u/o II Rule 2 CPC, since plaintiff never
demanded damages in the prior suit of mandatory injunction, it is
argued by Ld. counsel for plaintiff that at that point of time
damages were not ascertained and further that the suit was never
disposed off on merits.
Arguments heard.
Now to come up for orders on 16.05.2026.
(Anubhav Jain)
District Judge -05, NDD,
PHC/ND/04.04.2026
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