Interim Order 9

Order Details: COPY OF ORDER
Pdf Text: -1-
CS 413/24
FAKRUDDIN Vs. EJAZ ALI
22.09.2025
Present : Sh. Pankaj Tyagi, Ld. Counsel for the plaintiff.
Sh. Alby Peter, Ld. Counsel for the defendant.
Ld. Counsel for the defendant has filed an
application under Section 151 CPC for waiving the cost imposed
on the defendant on last date of hearing. Heard. File perused.
Cost of Rs.2500/- was imposed on the defendant on
the last date of hearing on finding that no affidavit of admission-
denial of documents on behalf of defendant had been filed
despite direction vide order dated 24.01.2025. Ld. Counsel for
the defendant has pointed out the order dated 03.06.2025 when
the matter was taken up by the Reader. The order reveals that
affidavit of admission-denial of documents with extra copy for
the plaintiff was filed on behalf of defendant on that day. Hence,
the cost of Rs.2500/- imposed on the defendant on last date of
hearing is waived. Application is disposed of and allowed
accordingly.
Affidavits of admission denial of documents of both
the parties are on record.
The defendant in his affidavit of admission-denial of
documents has admitted following documents of the plaintiff:-
(1) Copy of agreement dated 11.02.2023 cited at Sl no.2 of the
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list of documents of the plaintiff. The same is Ex.P-1 (colly),
page nos. 17 to 19.
(2) Copy of legal notice dated 28.10.2024 cited at Sl no. 3 of the
list of documents of the plaintiff which is Ex.P-2 (colly), page
nos. 20 to 22.
(3) Reply to the legal notice dated 10.11.2024 received on
11.11.2024, mentioned at Sl no. 4 of the list of documents of the
plaintiff, which is Ex.P-3 (colly), page nos. 23 to 25.
There is no admission-denial in respect of
documents mentioned at Sl no. 5,6, & 7 of the list of documents
of the plaintiff. Ld. Counsel for the defendant submits that since
the given reply and notice have been admitted, there is no dispute
in respect of envelope, speed post receipt dated 04.11.2024 and
copy of tracking report. Hence, the same are Ex. P-4, P-5 and
Ex.P-6 respectively at page nos. 26, 27 & 28 of the list of
documents of the plaintiff.
On the other hand, the plaintiff in his affidavit of
admission-denial of documents has denied the only document i.e.
copy of agreement dated 10.11.2024 relied upon by the defendant
mentioned at Sl no. 1 of the list of documents of the defendant at
page nos.13, 14 & 15.
On the basis of pleadings of the parties, following
issues are framed:-
1.
Whether the plaintiff is entitled for the money decree? If
so, to what amount ?OPP
2. Whether the plaintiff is entitled to any interest? If so, at
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what rate and for which period ? OPP
3. Relief.
No other issue arises out of the pleadings or pressed.
List of witnesses be filed by both the parties within 15 days after
exchanging the copies thereof. Evidence by way of affidavit of
the plaintiff be filed and advance copy be supplied to the
defendant through counsel atleast two weeks before the next date
of hearing.
Put up for plaintiff’s evidence on 19.11.2025.
(SUKHVINDER KAUR)
Principal District & Sessions Judge
North-East District, KKD Delhi/22.09.2025
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