Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 16 Misc SCJ 196/23
KANTA CHAUHAN Vs. JASPAL
18.01.2024
Present: Sh. BK Chabbra and Ms. Malika, Ld. Counsels for applicant with
applicant in person.
None for non applicant.
A perusal of the case file shows that two applications-one for
rectifying the decree sheet and second, for decision on second contempt
application dated 10.07.2014 has been filed. Submissions heard.
As regards the application u/S 151, 152 and 153 CPC for correction
of decree sheet whereby the counsel’s fees as per certificate dated 21.01.2023 was
not included, same stands allowed by virtue of S. 152 CPC on account of it being
an accidental permission as a perusal of the decree sheet shows that the pleader
fees was not included despite the same being filed. As regards the quantum of
counsel fee, Rs. 37000/- has been claimed as the pleader’s fee. The suit had been
filed for a decree of permanent and mandatory injunction. By virtue of Vol. I
Chapter XVI Rule 2 of Delhi High Court Rules, which directs that in such suits,
the fees payable shall not exceed Rs. 5000/-, the application stands allowed to the
extent that the Plaintiff is held entitled to a sum of Rs. 5000/- as pleader’s fee.
Decree sheet be amended and prepared accordingly.
Application u/S 151, 152 and 153 CPC stands disposed off
accordingly. Ld. Counsel for the plaintiff has further submitted that his another
application u/S 151 CPC for deciding contempt application dated 10.07.2014 is
also pending disposal.
Be taken up for arguments / further proceedings on the said
application on 27.03.2024.
(PRITU RAJ)
CIVIL JUDGE (NORTH)
ROHINI/DELHI/18.01.2024
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