Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) 175/26
SUBHASH CHANDER Vs. RAHUL
24.04.2026
Present: Sh. Arpit Verma, Ld. Counsel for the plaintiff.
Sh. Sanjeev Deshwal and Ms. Suman Rajput, Ld.
Counsels for the defendant no. 1.
Ms. Neeru Chauhan, Ld. Counsel for defendant
no.2.
Tracking report has been filed on behalf of the
plaintiff.
Separate vakalatnama(s) have been filed on behalf of
defendant nos. 1 & 2. Same are taken on the record.
An application (IA No.1/26) u/O VI Rule 17 r/w.
Sec. 151 CPC has been moved on behalf of the plaintiff. Copy
supplied.
Arguments heard. Application perused.
The amendments sought by the plaintiff are either of
clarifying nature or to add additional relief of recovery of arrears
of rent and it will not change the nature of suit.
The suit is at initial stage and the defendants have
put their appearance today itself. In the given facts and
circumstances, the above application u/O VI Rule 17 CPC is
allowed. The amended plaint along with the court fee are taken
on the record. Let copy of the amended plaint be supplied to the
Ld. Counsel for defendant nos. 1 and 2.
An application (IA No. 2/26) has been moved on
behalf of defendant no. 1 u/S. 151 CPC seeking time to file WS.
Since today the plaint of the plaintiff has been amended and time
of limitation for filing WS starts from today. In these
circumstances, at request of Ld. Counsel for defendant no. 1, the
said application u/S. 151 CPC stands withdrawn.
Contd...2
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Ld. Counsel for defendant no. 1 submits that the
defendant no. 1 is not in possession of the suit property as on
today and submits that defendant no. 2 is in possession of the suit
property.
Ld. Counsel for defendant no. 2 submits that
defendant no. 2 is in possession of the suit property. In the given
facts and circumstances, defendant no. 2 is directed to maintain
status quo qua parting with possession or creating any third party
right or interest of handing over the possession of the suit
property to any third party till the next date of hearing.
Let WS be filed by the defendant nos. 1 & 2, as per
law by supplying advance copy to the plaintiff.
Thereafter, replication be filed by the plaintiff on or
before the NDOH.
Both the parties shall file their respective affidavits
of admission/denial of documents on or before the next date of
hearing with advance copies to each other.
Put up for framing of issues on 27.07.2026.
(JAGDISH KUMAR)
District Judge, Comm. Court-01
North, Rohini Courts, Delhi
24.04.2026
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