Order 5

Order Details: COPY OF ORDER
Pdf Text: CS371/23
HAJI YASEEN KHAN Vs. ASLAM AND ORS.
27.04.2024
Present: Sh. Huzaif Malik, ld. counsel for plaintiff.
Sh. Ravinder Kumar, ld. counsel for defendant no.
3/Sabir Khan.
Sh. Shahid Ahmed, ld. counsel for defendant no. 6 and
7.
Sh. Muzammil Hasan, ld. counsel for defendant no. 5.
Defendant no. 4 is yet to be served.
None for other defendants.
It is submitted on behalf of plaintiff that the address of
defendant no. 4 is not available. Time sought for moving
appropriate application qua defendant no. 4. Needful be done
within 14 days.
Written statement filed on behalf of defendant no. 5.
Copy supplied.
An application under Order VI Rule 17 CPC moved on
behalf of plaintiff on 27.03.2024. Copy supplied.
Heard. Vide this application, plaintiff carves the liberty
of the court to amend the relevant paragraphs of plaint in which
the address of property in question is mentioned. It is stated that
at the time of drafting of the plaint the description of the suit
property was wrongly mentioned as C-493, khasra no. 331, Gali
no. 6, B Block, Nehru Vihar, Mustafabad, Delhi-94 instead of B-
493, khasra no. 331, Gali no. 6, B Block, Nehru Vihar,
Mustafabad, Delhi-94. The amendment sought is formal in nature.
The exact description of the property in question is required for
the adjudication of the suit. The suit is at initial stage. The present
application is allowed. Amended plaint be filed within seven days
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CS371/23
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with advance copy to opposite party. The defendants who have not
filed written statement are given opportunity to file the written
statement within three weeks with advance copy to the opposite
party. Thereafter, plaintiff shall be at liberty to file the
replication, if any, with advance copy to the opposite party.
Another application under Order I Rule 10 CPC was
moved on behalf plaintiff on 21.03.2024 for impleading Mohd.
Islam as proposed defendant no. 9.
Heard. Let the notice of the present application be
issued upon Mohd. Islam for NDOH on the steps taken by
plaintiff.
Put up for service of defendant o. 4, completion of
pleading qua other defendants, disposal of application under
Order I Rule 10 CPC and further proceedings on 10.07.2024.
(KAPIL KUMAR)
ADJ-01/NE/KKD/DELHI
27.04.2024 sb
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