Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 13 CS SCJ 1175/24 Rajesh Madaan Vs. O. P. Lakhanpal and Ors.
28.10.2024
Fresh suit was received by way of assignment through e-
mode on 19.10.2024. It be checked and registered.
Present: Sh. Harish Kumar Ld. Counsel for plaintiff.
Sh. Rohit Kumar Modi Ld. Counsel for defendant
no.2 along with defendant no.2.
None for defendant no.3.
Defendant no.4 is unserved.
It is submitted by Ld. Counsel for defendant no.2 that
defendant no.1 has already expired in the year 2003 and as such the
plaintiff has made false averments in his plaint.
It is submitted Ld. Counsel for plaintiff that he got to know
about the death of defendant no.1 only after filing of the suit.
Ld. Counsel for plaintiff seeks permission to amend the
plaint.
An application U/o 7 rule 11 CPC has also been filed on
behalf of the defenant no.2. copy of the same stands supplied.
Ld. Counsel for plaintiff seeks interim injunction with
respect to the raising of construction/installation of lift.
Considering that there is an amendment required in the plaint
itself, no interim relief can be granted at this stage.
The plaintiff is directed to amend the plaint with proper
mention of the parties.
Meanwhile status report be called from defendant No.3 also.
Be put up for further proceedings on 07.01.2025.
Let amended written statement be also filed within 30 days
of filing of amended plaint.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North Rohini, Courts,Delhi/28.10.2024
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