Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS DJ 358/24
Hawa Singh Vs. Kelash Chand
13.05.2025
Present: None for plaintiff.
Mr. Ajay Kumar, Ld. Counsel for defendant.
ORDER
1. Since no replication is filed on behalf of the plaintiff till date, his
right to file replication stands closed.
2. Since no affidavit of admission / denial of documents is filed on
behalf of either of the parties, their right to file affidavit of admission /
denial of documents stands closed. Accordingly, admission / denial of
documents stands concluded.
3. At this stage, counsels for parties are asked whether there is
possibility of settlement in terms of Order 10 Rule 1A. The counsels for
the parties submit that there is no possibility for settlement and issues
may be framed.
4. On the basis of the pleadings of the parties, the following issues
are framed:-
i. Whether the plaintiff is entitled to a decree for recovery of money
along with interest, if any in his favour and against the defendants,
as prayed for? OPP.
ii. Whether the present suit is barred by law of limitation? OPD.
iii. Whether this court has subject matter jurisdiction to try and
adjudicate the present matter? OPD.
iv. Whether the present suit is bad for improper valuation and
affixation of court fees? OPD.
v. Relief.
Contd…….
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5. No other issues are pressed for by the parties. Nor does any other
issue arise from the pleadings of the parties.
6. Be put up for PE on 01.09.2025.
7. The plaintiff is directed to file evidence by way of affidavit along
with list of witnesses within 15 days from today with advance copy to the
counsel for the defendant.
Shivali Bansal
DJ-03, Rohini Courts
North District, Delhi
13.05.2025
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