Interim Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS No. 328/22
SUNITA DEVI Vs. DIVYA GAUR
16.07.2025
Present : Ms. Shanu Khan, Ld. Counsel for the plaintiff
alongwith plaintiff.
Mr. Dilip Kumr Rana, Ld. Counsel for the
defendant No.1 & 3.
An application u/S 151 CPC for objecting the filing
of additional documents by the plaintiff alongwith the replication
without the leave of the court is moved on moved on behalf of
defendants. Copy of the same supplied to plaintiff. Arguments
heard. It is submitted by Ld. Counsel for defendant that plaintiff
has filed the loan documents Mark-B alongwith the replication
without the leave of the court and hence the same taken off from
the record. Application is objected by Ld. Counsel for plaintiff
submitting that the plaintiff had made payment of Rs.12 Lac as
earnest money towards purchase of one flat from the defendant
and for making further payment to the defendant, she had applied
for the loan from bank. It is further submitted that defendants
were fully aware regarding applying of the loan by the plaintiff
for making payment and the loan amount was also sanctioned by
the bank. It is further submitted that since it took some time for
getting the loan amount sanctioned from the bank, the date of
execution of sale deed of the making of final payment was
mutually extended from 30.01.2021 to 17.02.2021. It is further
submitted that loan document is relevant document and the
defendant was fully aware regarding the same and hence no
prejudice shall be suffered by the defendant if the plaintiff is
permitted to file the same on record. It is further submitted that
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contrary to this, prejudice shall be caused to plaintiff if plaintiff is
not allowed to rely on the said document. Submissions made on
behalf of both the parties are taken into consideration. Record
perused. Considering the fact that the monetary transaction
between the parties were in respect of purchase of the property
and the plaintiff alongwith her replication has filed the relevant
loan documents with respect to the purchase of suit property and
prejudice shall be caused to the plaintiff in case above
mentioined document is taken off from the record, present
application is disposed off as not allowed.
At this stage passover is sought by defendants for
cross examination of plaintiff. It is submitted by Ld. Counsel that
he has to appear in Karkardooma Court urgently. Heard.
Allowed. Put up at 2.00 PM.
(Meenu Kaushik)
District Judge-03
Patiala House Courts, New Delhi
16.07.2025
Called again at 2.00 PM
Present : Ms. Shanu Khan, Ld. Counsel for the plaintiff
alongwith plaintiff.
Mr. Dilip Kumr Rana, Ms. Anshika Dubey and Shri
Sumit Panwar, Ld. Counsels with defendant No.1 &
3.
PW-1 Smt. Sunita is present and partly cross
examined. Further cross examination of the witness is deferred
as witness has not produced the documents in original.
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To come up for further cross examination of PW-1
on 04.09.2025. Date is given with consent of both the parties.
(Meenu Kaushik)
District Judge-03
Patiala House Courts, New Delhi
16.07.2025
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