Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: CS SCJ 58/2023
Ashok Sehrawat vs. Rajnish.
31.07.2023
Matter taken up today as 29.07.2023 was holiday.
Present: Sh. K P Singh, Ld. Counsel for plaintiff.
Sh. Deepak Sahani, Ld. Counsel for all defendants through
VC.
Arguments on application under Order 6 rule 17 CPC heard.
While Ld. Counsel for the defendant has submitted that he
has no objection if the present application is allowed, this court is of the
view that the amendment application cannot be allowed on merits.
By way of the present application the plaintiff ha sought to
add details of two additional properties in the plaint with the submissions
that the he has apprehension that the defendants will forcibly collect
rent/grab property/create episode/drama or threaten the plaintiff in regards
to the above said properties. However, no cause of action can be said to
have arise on mere apprehensions specially when there are no pleadings to
the effect. The amendments sought therefore seems frivolous in nature and
thus, cannot be allowed. Accordingly, present application under Order
6 rule 17 CPC stands disposed of as dismissed.
Another application under Order 1 rule 10 CPC has been
moved by the plaintiff seeking impleadment of SHO concerned with the
submission that he is trying to dispossess the plaintiff from the suit
property. However, no submissions in this regard have been made in the
plaint by the plaintiff. Further, no prayer against the proposed defendant
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has been sought. Accordingly, SHO concerned is neither a necessary nor a
proper party for the present suit. Accordingly, application under Order 1
rule 10 CPC stands disposed of as dismissed.
Another application seeking liberty to place on record site
plan of th suit property has been filed by the plaintiff on LDOH. Since the
suit is at nascent stage and evidence is yet to be led, no prejudice is likely
to be caused to the defendants if the present application is allowed.
Further, the site plan sought to be placed on record shall also assist the
court to better understand the dispute between the parties and adjudicate
the same. Accordingly, application under Order 7 rule 14 CPC stands
allowed. Site plan filed by the plaintiff is taken on record.
Now to come up for filing replication and framing of issues
on 11.10.2023.
(AMARDEEP KAUR)
CJ-01/PHC/ND/31.07.2023
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