Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 9 CS SCJ 1319/24 HIMANSHU GOYAL VS. AUSTIN
KUMAR
18.04.2026
Present: Ms. Radhika Ld. Counsel for plaintiff.
Sh. K.S. Chaudhary Ld. Counsel for defendant.
An application U/o 6 rule 17 CPC has been
made on behalf of defendant seeking incorporation of
specific plea of set off.
Submissions heard on the application.
It is noted that in the initial WS, the defendant
has already taken the plea that Rs.32,508/- were already
paid by the defendant to plaintiff and by way of the present
application, a specific prayer for setting off the amount
against the claim of the plaintiff has been made. In the
considered opinion of this court, the said amendment is
only formal in nature and does not prejudice the plaintiff.
The application is allowed accordingly. Amended WS is
taken on record. Copy supplied.
An affidavit of admission/denial of documents
has been filed on behalf of defendant.
From the pleadings and the affidavit of
admission/denial of documents, it is admitted position
between the parties that the material as alleged by the
plaintiff was supplied to the defendant and that the
defendant has admitted the ledger statement of the plaintiff
to the effect that an amount of Rs.23,011/- is pending to be
paid to the plaintiff, however, it is alleged by the defendant
that the defendant has also provided services on the sites of
the plaintiff and that the plaintiff was under liability of
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Rs.32,720/-. The plaintiff has denied any service being
provided except on one site. Accordingly, following issues
are framed for trial:-
1 Whether defendant has provided services to the
plaintiff for installation and site visits and an amount of
Rs.32,720/- was due to be paid by the plaintiff to the
defendant? OPD
2. Relief.
As the onus of the only issue framed is upon
the defendant, the defendant is called upon to lead evidence
as per Order 18 CPC.
The parties are directed to file list of witnesses
within 15 days from today. Defendant is directed to file
affidavit of evidence of all the witnesses with advance copy
to opposite party.
Be put up for DE on 18.07.2026.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North, Rohini Courts,Delhi/18.04.2026
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