Interim Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 29
Civ Suit 29/24
SMT. MITHLESH JAIN Vs. JITENDER SINGH YADAV @
JEETU
01.10.2024
Present: Plaintiff with Ld. Counsel Sh. Vipin Kumar.
Sh. Sunil Chaudhary, Ld. Counsel for the defendant
(through VC).
An application u/O 9 Rule 7 CPC is pending
disposal for setting aside order dt. 05.08.2024 vide which
defendant was proceeded against ex-parte.
Ld. Counsel for the defendant has argued that the
defendant or he could not appear on the date fixed i.e. 05.08.2024
as on the e-courts Application the next date visible was
02.08.2024. Ld. Counsel has filed the screen shot of e-courts
application mentioning the next date as 02.08.2024 whereas the
actual date was 05.08.2024.
Per contra, Ld. Counsel for the plaintiff has argued
that even if the date visible was 02.08.2024, in that case,
defendant ought to have enquired about the next date of hearing
when the matter was not taken up on the visible date i.e.
02.08.2024, therefore, he requests the court to dismiss the
application.
Heard. Record perused.
In view of the fact that the next date of hearing
visible was 02.08.2024 instead of 05.08.2024 appears to be a
technical glitch due to which defendant and his counsel were
mistaken and could not appear on 05.08.2024. The reason
mentioned in the application is sufficient to recall the order dt.
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05.08.2024. In view of the same, the application u/O 9 Rule 7
CPC is allowed and disposed off accordingly. Order dt.
05.08.2024 vide which defendant was proceeded against ex-parte
is set aside.
Prior to order dt. 05.08.2024 matter was at the stage
of framing of issues.
Pleadings are complete.
From the pleadings of the parties and the material
on record, the following issues are framed in the present suit:-
1. Whether the plaintiff is entitled to decree of
possession of property bearing no. D-10, First Floor, Gali No. 2,
Sanjay Mohalla, Bhajanpura, Delhi-53, as prayed for ? OPP
2. Whether the plaintiff is entitled to recovery of
arrears of rent, if yes, at what rate and for what period ? OPP
3. Whether the plaintiff is entitled to decree of
damages, if yes, at what rate ? OPP
4. Whether the defendant is not a tenant of plaintiff ?
OPD
5. Relief.
No other issue arises or pressed for.
Matter is now fixed for PE on 08.11.2024.
Plaintiff is directed to file list of witnesses and their
evidence by way of affidavit and supply advance copy thereof to
the opposite counsel atleast one week before the next date.
RINKU JAIN
ACJ-cum-ARC-cum-CCJ
North-East/Karkardooma Courts,
Delhi/01.10.2024
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