Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ No. 222-23
Raj Gopal Vs. Delhi Development Authority
25/02/2023
Fresh suit received by way of assignment.
It be checked and registered.
Present : Sh. Vikram Aggarwal, Ld. Counsel for plaintiff (physically
appeared).
Ld. Counsel for the plaintiff has filed duplicate set of the
plaint and documents.
Submissions heard regarding admission of the suit.
Ld. Counsel for the plaintiff submits that the suit property has
been encroached by DDA. One Contempt Petition No. CAS – 116/2016
titled as ‘Jai Kishan Aggarwal & Ors. Vs. Sh. Omi & Ors.’. The plaintiff may
be directed to seek appropriate relief from the Hon'ble Delhi High Court as
without filing present suit, the Hon'ble Delhi High Court may ask the plaintiff
that what action the plaintiff has taken to restore his possession over the suit
property.
File perused. Submissions considered.
In the considered opinion of this Court, it is the prerogative
of plaintiff to take appropriate steps to join proceedings before Hon'ble Delhi
High Court. The Court cannot direct the plaintiff to join the proceedings
before the Hon'ble Delhi High Court.
Issue summons of the suit and notice of the application
under Order XXXIX rule 1 & 2 CPC to the defendant on filing of PF, RC &
Speed Post, returnable for 11/05/2023. Steps be taken within 07 days.
Let the requisite under taking regarding the payment of
deficient Court fees, if any, in view of the circular no. F.10 (1175)/COS (HQ)/
CD/3356, dated 31/12/2013 regarding the SLP bearing no. 3323/13 titled as
“Government of NCT of Delhi Vs. Delhi Bar Association” regarding issue of
Court fee be filed by the plaintiff, if not already filed by the next date of
hearing, as per rules. Defendant is directed to file written statement within
30 days from the day of receipt of the summons. Copy of the order sheet be
annexed with the summons.
( Virender Singh )
SCJ / RC/ North
Rohini Court / 25/02/2023
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