Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS DJ 11/24
SHIV PRATAP SINGH Vs. DELHI URBAN SHELTER
IMPROVEMENT BOARD
11.11.2024
Present: Sh. Amit Shrivastav, LAC counsel for the plaintiff.
Sh. Munish Kumar, counsel for the defendant.
Arguments partly heard on application under order 39 rule 1 and 2
CPC. Counsel for the defendant seeks time to go through provisions of DUSIB
Act 2010.
Application under order 39 Rule 2A CPC is pressed by counsel for
the plaintiff who states despite order dated 28.12.2023 the plaintiff was being
sought to be dispossessed.
Per contra counsel for the defendant contends that notice in the suit
was not issued, so defendant was not aware of ex-parte order dated 28.12.2023.
This fact has not been disputed by counsel for the plaintiff.
Heard. File perused.
Order 39 Rule 2A CPC require disobedience of order of injunction.
Admittedly, defendants did not have notice of suit. Hence, no willful
disobedience is made out. Application under order 39 Rule 2A CPC is disposed
off as being without merit.
At request of the counsel for the defendant, to come up for remaining
arguments on application under order 39 rule 1 and 2 CPC on 09.12.2024.
Meantime order dated 28.12.2023 is extended till the NDOH.
(VIKRAM BALI)
DISTRICT JUDGE-2/NORTH/ ROHINI
COURT/DELHI/11.11.2024
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