Full Order Text
Order 6 · 10 Mar 2025 · CNR DLNW010092982023
Order Details: COPY OF ORDER Pdf Text: CS DJ 836/23 RAHUL GARG Vs. JAG PRAVESH CHANDRA AND Misc DJ 1410/24 RAHUL GARG Vs. JAG PRAVESH CHANDRA 10.03.2025 Present: Ld. Counsel for the plaintiff. Ld. Counsel for the defendant no. 1 and 3. Ld. Counsel for the defendant has filed vakalatnama along with an application for waiver of cost and also an application u/o 7 rule 11 CPC. Arguments heard. Ld. Counsel submits that he does not want to press the amendment application. As such, the amendment application no. Misc DJ/1410/2024 is dismissed as withdrawn. The misc application file shall remain tagged with the main suit file. Since, the cost was imposed in the amendment application which has now being withdrawn, the cost is waived. The cost waiver application is disposed of. So far as the application u/o 7 rule 11 CPC is concerned, Ld. Counsel for the defendant basically is pressing certain documents filed alongwith this application. Law is well settled that only plaint and plaintiff’s document can be considered at the stage of Order 7 rule 11 CPC. The instant application has been filed on behalf of the defendant no. 3 as if the defendant no. 3 wants rejection by treating his non involvement. A part rejection of plaint is not permissible. The case can not be rejected at this stage u/o 7 rule 11 CPC. Hence, the application is dismissed. -- 1 of 2 -- (2) An application u/o 12 rule 6 CPC is pending. Earlier, it had so happened that counsel appearing on behalf of the defendant at one point of time supplied advance copy of the reply to the plaintiff but did not file the reply in court. The new counsel has filed the reply on 28.02.2025 and now, submits that it is a new reply. He has supplied copy to the other side. Now, to come up for arguments on application u/o 12 rule 6 CPC on 07.04.2025. (Rakesh Kumar Singh) DJ-02/(N-W), Rohini Courts Delhi/10.03.2025 -- 2 of 2 --