Interim Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 31 CS SCJ 862/24
DEEPAK Vs. RAM KARAN MUKHIYA
19.05.2026
Present : Sh. Rajat Tanwar and Sh. Abhishek, counsels for plaintiff
with plaintiff.
Defendant is already proceeded against ex-parte vide
order dated 02.02.2026.
Sh. Yash Kumar, counsel for applicant Durga through
VC.
Applicant Durga in person.
Counsel for plaintiff affirms the receipt of pending cost of
Rs. 3,500/-.
Reply filed on behalf of the plaintiff to the pending
applications of applicant Durga.
Copy already supplied.
Arguments heard on application under Order 1 Rule 10
CPC.
By way of the said application, it is contended on behalf
of the applicant that the applicant is a necessary party to the present
suit as she is residing in the tenanted premises. It is stated that the
defendant, who is the brother of the applicant, is residing at Bihar and
when he had come to Delhi for funeral of the father, his signatures
were taken on the lease deed filed by the plaintiff by fraud/
misrepresentation. It is also stated that the father of the applicant was
the original tenant and on his demise, the applicant, who alongwith her
children is residing in the tenanted premises is a necessary party and
therefore, requires to be impleaded in the present matter.
Per contra, it is stated on behalf of the plaintiff that the
applicant is a proxy for the defendant since the defendant did not file
the WS within the stipulated period. It is also stated that it is the
defendant and not the applicant who is residing in the tenanted
premises as the service was also effected upon the defendant at the
tenanted premises. Furthermore, it is stated that since the tenancy is in
The digital key of the undersigned has expired and therefore, order-sheets have been
uploaded without digital signatures.
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the name of the defendant as per the lease deed, therefore, the
applicant is neither necessary nor proper party and therefore,
application is liable to be dismissed with cost.
In rebuttal, counsel for applicant submits that the
application was filed prior to the closure of right of the defendant.
List for order on the aforesaid application on 04.06.2026
at 4PM.
(Rupinder Singh Dhiman)
ACJ/CCJ/ARC, NDD, PHC
New Delhi :19.05.2026
The digital key of the undersigned has expired and therefore, order-sheets have been
uploaded without digital signatures.
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