Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) 6607/24
Chandra Prakash Gehlot Vs. Jasdeep Trading Company
16-07-2025
Pr : Sh. Rakesh Tiwari, Ld. Counsel for plaintiff.
Sh. Anup Singh, Ld. Counsel for defendant no. 1.
Counsel for plaintiff did not press his application under
Order XI rule 1 (5) CPC saying that the application is defective
and that he would move another appropriate application in that
regard. His request is allowed and application under Order XI
rule 1 (5) CPC is dismissed as withdrawn with requisite liberty.
By composite application under Order VI rule 17 r/w
Order I rule 10 r/w Section 151 CPC, the plaintiff wants to
implead two more defendants namely Mr. Prakash Pansari as
defendant no. 2 and Mr. Nitesh Pansari as defendant no. 3 saying
that when the local commissioner visited the given address of
defendant no. 2 on 21.07.2024, the owner of the premises Sachin
Sharma told the local commissioner that he had rented out the
premises to Mr. Prakash Pansari three months back and that Mr.
Prakash Pansari was doing business there. During the inspection
of the premises it was also revealed that proposed defendant no.
3 Mr. Nitesh Pansari was brother of proposed defendant no. 2 Mr.
Prakash Pansari and both brothers were doing business
clandestinely in connivance with each other. He further submitted
that impugned goods were recovered from that premises.
Perusal of the local commissioner’s report shows that the
owner Mr. Sachin Sharma told that he had given the said
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premises on rent to proposed defendant no. 2 Mr. Prakash
Pansari three months back. He had not told that he had given said
premises to proposed defendant no. 3. There is nothing on the file
to connect Mr. Nitesh Pansari with the case. So, application
under Order VI rule 17 r/w Order I rule 10 r/w Section 151 CPC
is allowed partially and only Mr. Prakash Pansari is impleaded as
defendant no. 2 and request for impleading Mr. Nitesh Pansari is
dismissed.
The plaintiff is required to file amended memo of parties
by the next date.
An application of defendant no. 1 under Order I rule 10
CPC for deletion of its name is pending. But the counsel for
plaintiff seeks adjournment on the ground that said application be
decided along with his proposed application under Order XI rule
1 (5) CPC as the documents to be filed with those applications
shall prove the culpability of defendant no. 1.
If the plaintiff is serious enough, he is required to file such
application by the next date with advance copy to defendant no. 1
who shall file reply by the next date.
Issue summons of the suit and notice of applications, if
any, to newly impleaded defendant no. 2 through three modes.
First mode is through RC. Second mode is through the
Nazarat Branch of Jaipur Court, to whom summons shall be
taken dasti, on filing of PF within 7 days from today. Third
mode is through What’sApp number and Mail ID on filing of
PF/RC within 7 days from today directing him to file written
statement within 30 days of service.
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Plaintiff will ensure that the summons would reach in the
nazarat branch of concerned local court 20 days before the next
date. After submission of summons in the concerned Nazarat
branch, official of the plaintiff is expected to accompany process
servers for service of the defendant. After service, if possible,
summons shall be taken back by hand from nazarat branch by the
official of the plaintiff. If official fails to take the delivery of the
served or unserved summons, he is directed to annexe envelope
with stamps with the RC to be sent to the serving court, so that
the said Branch of the court may send the hard copy of the
service report to this court by the next date and soft copy on e-
mail id of this court after service/non-service of the notice. E-
mail id of this court be mentioned in summons itself in bold letter
with a specific direction to the serving branch that service report
in soft form is to be sent on that mail id. It be further mentioned
in the summons that the plaintiff/some person on its behalf shall
accompany the process server for effective service.
Request letter in the name of the Ld. District Judge, Jaipur
Court be given dasti alongwith summons.
Put up on 08.10.2025.	Put up on 08.10.2025.
(UMED SINGH GREWAL)
District Judge- Commercial Court-02 (North)
16-07-2025
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