Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 18 CS (COMM.) 96/26
DEEPAK JAIN Vs. ANU JAIN AND ANR
01.07.2026
Present: Sh.Kashif Ahmad Khan, Ld. Counsel for plaintiff.
An application under order 1 Rule 10(2) read with Section 151
CPC and another application under order VI Rule 17 CPC for amendment
of the plaint moved on behalf of plaintiff.
Arguments on both the applications are heard. Record
perused.
The plaintiff by way of application under order 1 rule 10(2)
read with Section 151 CPC is seeking deletion of name of defendant no.2
Sh. Sanjay Kumar. It is stated that inadvertently the name of defendant
no.2 has been impleaded in the array of parties, but he is not a necessary
party.
It is within the prerogative of the plaintiff to seek deletion of
defendant from the case if the plaintiff believes that the defendant is not a
necessary or proper party to the proceedings. The matter is at the initial
stage. Summons are not yet issued. Hence, notice of present application is
not required to be issued. Taking into consideration the submissions made,
application under order 1 rule 10(2) read with Section 151 CPC is allowed
and name of defendant no.2 Sh. Sanjay Kumar is deleted from the array of
parties.
In the application under order VI Rule 17 CPC it is stated that
consequent upon deletion of name of defendant no.2 from the array of
parties, the plaintiff wants to amend para 4 of the plaint as well as prayer
clause. It is stated that the amendments are necessary for determining the
real question in controversy. It is prayed that the application may kindly be
allowed.
-- 1 of 2 --
2.
18 CS (COMM.) 96/26
DEEPAK JAIN Vs. ANU JAIN AND ANR
The plaintiff by way of instant application under order VI
Rule 17 CPC wants to correct para 4 and prayer clause upon deletion of
name of defendant no.2. The matter is at the initial stage. Summons are not
yet issued. Therefore, no serious prejudice is going to be caused. The
proposed amendment is not going to change the nature of suit. Taking into
consideration the submissions made, application under order VI Rule 17
CPC moved on behalf of plaintiff is allowed and amended plaint is taken
on record.
Summons for settlement of issues of the amended suit be
issued upon the defendant(s), on filing of PF, speed post & requisite Copies
and deposit of the cost. Summons to be issued under Order V Rule 5 CPC
upon the defendant(s) shall display mandatory endorsement “defendant
should file written Statement of defense within 30 days from the date of
service/receipt of summons alongwith Statement of Truth and Affidavit of
admission/denial of documents of the plaintiff”, as per Commercial Courts
Act, 2015.
Steps be taken within two weeks.
Be put up for report on 12.10.2026.
( Devender Kumar Jangala )
District Judge (Commercial Court)-01
North-West, Rohini, Delhi.
01.07.2026
-- 2 of 2 --