Order 5

Order Details: COPY OF ORDER
Pdf Text: 12
CS DJ
199/23
DEEPAK
Vs.
MAYA DEVI
16.04.2024
Present : Sh. Sidhant Antil, Ld. Counsel for the plaintiff with
plaintiff.
Sh. S.K. Tyagi, Ld. Counsel for the defendant no. 1, 3, 4
and proposed defendant with defendant no. 1,4 and
proposed defendant.
1. Fresh vakalatnama filed on behalf of the proposed
defendant.
2. Matter was listed for consideration on the plaintiff's
application u/o 6 rule 17 r/w Order 1 rule 10 CPC. It is submitted that
the present suit has been filed for partition and other reliefs. It is the
case of the plaintiff that the suit property was sold by defendant no. 1
to the defendant no. 4. However, after the summoning of the defendant
no. 4, it was disclosed that the purchaser was actually his mother i.e.
the proposed defendant. Hence, it is submitted that the proposed
defendant Smt. Ranjit Kaur may be impleaded as a defendant and the
defendant no. 4 Sh. Prince may be deleted from the array of parties.
By way of the present application, the plaintiff seeks to incorporate
these facts in the plaint.
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3. Further, by way of this application the plaintiff seeks to
add the relief of the declaration of the document executed in the
favour of Smt. Ranjit Kaur as null and void.
4. Ld. Counsel for the defendants submit that there is no
objection to the said application. However, the plaintiff may be
directed to affix the relevant court fees.
5. Heard. Perused.
6. In view of the above mentioned facts and circumstances,
the application is allowed. The proposed defendant Smt. Ranjit Kaur is
impleaded as a defendant and the defendant no. 4 Sh. Prince is deleted
from the array of parties. Amended memo of parties be filed by the
NDOH.
7. Amended plaint is taken on record. Plaintiff is
directed to file the appropriate court fees by the NDOH.
8. Amended WS be filed within 30 days with advance copy
to the plaintiff.
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9. Put up for arguments on application u/o 39 rule 1 and 2
CPC on 01.08.2024.
Interim order to continue, till the next date of hearing.
(RUCHIKA SINGLA)
DJ-03 (N/W)
Rohini Courts :Delhi/16.04.2024
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