Order 14

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 26 CS SCJ 521/23
RAKESH KUMAR TYAGI Vs. ANIL KUMAR JAIN
25.04.2026
Present: None for the plaintiff.
Shri Gaurav Jain, Ld. counsel for applicant Shri Anil Kumar
Jain S/o Shri Padam Kumar Jain (through V.C).
On LDOH, it was submitted by counsel for plaintiff that
plaintiff wants to withdraw the present suit. However, none has appeared
on behalf of plaintiff today.
Ld. counsel for applicant submits that his application under
Order I Rule 10 (2) CPC be decided.
It is submitted by counsel for applicant that applicant i.e.
Shri Anil Kumar Jain S/o Shri Padam Kumar Jain is not a party to the
present suit. However, in the summons served against the defendant
namely Shri Anil Kumar Jain S/o Shri A.K. Jain by way of publication
on 20.02.2025, the mobile number of the applicant is mentioned. It is
further submitted that the applicant has no concern with the present case
or the defendant herein and he has never resided at the address mentioned
in the memo of parties. On these grounds, it is prayed that the name of
the applicant may be deleted from the array of parties.
On LDOH, it was submitted by counsel for plaintiff that he
has no objection if the present application is allowed.
Record perused.
As per the memo of parties, the defendant is Shri Anil
Kumar Jain S/o Shri A.K. Jain. The applicant is not a party to the present
Cont................/-2
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suit as his parentage is different. Thus, in these circumstances, the
application under Order 1 Rule 10(2) CPC for deleting the name of
applicant from the array of parties is not maintainable as the applicant
has never been impleaded as a party in the present suit. However, as the
applicant has no concern with the present suit, any proceedings against
him in the present suit stands cancelled. Accordingly, application stands
disposed of.
Put up for further proceedings on 22.08.2026.
(SAKSHI JAISWAL)
CIVIL JUDGE (NORTH)
ROHINI/DELHI/25.04.2026
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