Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: CS326/23
SUDHA SHARMA AND ANR. Vs. SURESH CHAND
SHARMA AND ORS.
16.08.2024
Present: Ld. Counsel for plaintiff with plaintiff.
Ld. Counsel for defendant(s) with one Counsel
appearing in person and another Sh. Ikrant Sharma appearing
through V.C.
There are two Counsels who are appearing for the
defendants, one through V.C and the other in person and both the
Counsels are arguing one by one. They are directed to first decide
which Counsel wants to address the Court.
Counsel appearing through VC is appearing through
his car and despite repeated queries of this Court as to whether he
wants to make any submissions on the application U/O VI Rule
17 CPC (copy of which is stated to have been already supplied
by plaintiff to defendant), he is repeatedly saying that this Court
should inform him with respect to his query that whether plaintiff
has paid court fees. It appears that Counsel for defendant has not
bothered to go through the application U/o VI Rule 17 CPC
moved by plaintiff which admittedly has been supplied to
defendants. This is because, had the Counsel for defendant gone
through the said application, it would be evident to him that in
terms of last order plaintiff has sought to amend her para of
valuation and has specifically valued each relief with Court fees
paid thereupon.
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Since, Counsel for defendant refuses to make any
submissions on application U/O VI Rule 17 CPC, I proceed to
decide the said application on merits.
At this stage, Ld. Counsel for defendant Mr. Ikrant
Sharma in an intimidating tone said ‘
mein bhi record kar raha hu
isko’. No permission to record the video conference herein has
been made by the Ld. Counsel for defendant and it appears that
Ld. Counsel for defendant is trying to brow beat the Court by
addressing the Court in an intimidating tone. Even though, he is
sitting in the car, he claims that he is appearing before the
Hon’ble High Court of Delhi.
Despite requesting the Ld. Counsel for defendant
Mr. Ikrant Sharma to maintain decorum of the Court, he is
arguing back with the Court. He claims that this matter should be
kept for 12:30 PM. Considering the matters already fixed, the
request is declined.
He is again requested to make submissions on the
application U/O VI Rule 17 CPC. He refused to make any
submissions and thus, I have heard arguments on application U/O
VI Rule 17 CPC moved by plaintiff. Put up for orders at 4:00
PM.
Aashish Gupta
DJ-01/NE/KKD/DELHI
16.08.2024
At 2:05 PM
Present: None for plaintiff.
Mr. Ikrant Sharma, Ld. Counsel for defendant.
Mr. Sharma submits that there was
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miscommunication in the hearing done in the morning
and he be allowed to make submissions on application
U/O VI Rule 17 CPC. Submissions on behalf of
defendant heard.
Put up for orders at 4:00 PM.
Aashish Gupta
DJ-01/NE/KKD/DELHI
16.08.2024
At 4:00 PM
Present: None
Plaintiff has moved an application U/O VI Rule
17 CPC inter-alia wanting to delete para 2 to 6 of the
original plaint. This on the ground that plaintiff No. 3
has been declared to have expired and a declaration to
that effect is stated to have been given by the Court of
competent jurisdiction in Suit No. 436/23 on 04.04.2024.
Again, plaintiff wants to renumber the other paragraphs
of the plaint as there is some typographical error in the
numbering of the paragraphs of the plaint on record.
Again, plaintiffs want to delete her prayer (d) made in
the plaint on the ground that since they are already in
possession of the suit property, the said prayer is really
not required.
Also, by way of the present application,
plaintiffs want to amend para (11) (now renumbered as
para (12) in the amended plaint filed with the application
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though wrongly written as para (16) in the application).
The said amendment is sought on the ground that by
virtue of last order, plaintiff was directed to properly
value her each relief and pay appropriate court fees.
Now, by way of the said amendment, the plaintiff wants
to comply with the said order.
Counsel for the defendants submitted that he
has no objection in case the aforesaid amendments sought
are allowed. Matter is still at the stage of completion of
pleadings and thus, no prejudice shall be caused to the
defendants in case the amendments sought in the present
application are allowed. Accordingly, all the amendments
sought by way of the present application are allowed.
Application is disposed of.
Amended memo of parties with amended plaint
is taken on record. Defendants are at liberty to file their
amended written statement within 30 days from today
with advance copy to other side.
To come up for completion of pleadings,
admission/denial and framing of issues on 09.10.2024.
Interim order to continue.
Aashish Gupta
DJ-01/NE/KKD/DELHI
16.08.2024
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