Order 7

Order Details: COPY OF ORDER
Pdf Text: 8 CS 303/24 ASMA Vs. SHEIKH MUHID
19.12.2025
Present: Ld. Counsel for plaintiff with plaintiff.
Defendant no. 1 and 3 are ex-parte.
Sh. Jitender Kumar with Sanjay Singh Ld. Counsel for
D-2 with D-2
1. Plaintiff has moved an application under order VI Rule 17 CPC
and another application under order I Rule 10 CPC seeking to
implead Nafees Sultana as D-4.
2. Impleadment is sought on the ground that D-2 has transferred
the suit property to D-4 through a gift deed. D-2 is admittedly
the husband of D-4. Amendment application is also premised on
the ground that after transfer of suit property by D-2 to D-4, the
documents executed by D-2 in favour of D-4 are required to be
challenged.
3. Counsel for D-2 enters appearance on behalf of D-4 and accepts
notice of both the aforesaid applications. He submits that he has
no objection in case the aforesaid applications are allowed.
4. Since, D-2 does not dispute the execution of certain documents
in favour of D-4, D-4 becomes a necessary party to this suit and
thus plaintiff’s application under order I Rule 10 CPC is
allowed.
5. D-4/Nafees Sultana is impleaded as a party to the suit. The
amended memo filed with the application is taken on record.
Ahlamd is directed to tag the same as per rules.
6. Counsel for D-2 accepts notice of the present suit for on behalf
of the D-4 also.
7. The amendment sought in the plaint have been necessitated for
the reasons recorded above and therefore the amendment
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application is also allowed and the amended suit filed with the
application is taken on record.
8. Both D-2 and D-4 are at liberty to file their written statements
within 30 days from today with copy to the other side.
Replication, if any, be filed within 15 days thereafter.
9. Parties to also file their affidavit of admission / denial 15 days
prior to the NDOH.
10. Plaintiff had also moved an application under Section 151 CPC
for supply of some documents. The said application is not
pressed and is disposed of accordingly.
11. Parties are directed to maintain status quo with regard title and
possession.
12. List on 06.03.2026.
Aashish Gupta
DJ-01/NE/KKD/DELHI
19.12.2025
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