Order 4

Order Details: COPY OF ORDER
Pdf Text: 35
CS DJ 851/23
AIR SYSTEM ENGINEERS Vs. R L ANAND
08.08.2024
Present : Sh. Surender Wakore, Ld. Counsel for the plaintiff with AR.
Sh. Umang Mittal, Ld. Counsel for the defendant no. 2.
None for the defendant no. 1 and 3.
1. Matter was listed for arguments on application u/o 39 rule 1
and 2 CPC. Part arguments heard.
2. Ld. Counsel for the defendant no. 2 has filed an application
u/o 1 rule 10 CPC for the deletion of the defendant no. 2 from the array
of parties along with status report and copy of the order of de-sealing.
Copy supplied.
3. Arguments heard.
4. The plaintiff has filed the present suit on the premise that it
was inducted as a tenant by the defendant no. 1 in the suit property.
Later on, in the year 2017, the property was sealed by the defendant no.
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2. it is the case of the plaintiff that its articles were still lying in the suit
property at the time of the sealing. Thereafter, the property was
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permanently de-sealed in the year 2021. Hence, the plaintiff filed the
present suit for recovery of damages and for recovery of his articles
from the suit property.
5. Ld. Counsel for the defendant no. 2 has submitted that the
defendant no. 2 has no concern with the present case. The sealing and
the subsequent de-sealing was done as per the relevant rules. The
grievance of the plaintiff is against the defendant no. 1. No relief is
sought by the plaintiff against the defendant no. 2. Hence, the defendant
no. 2 may be deleted from the array of parties.
6. Ld. Counsel for the plaintiff has conceded that as such no
relief is sought against the defendant no. 2.
7. In view of the facts and circumstances, in the opinion of the
court, the defendant no. 2 is not a necessary party in the present suit.
Hence, the application is allowed and the defendant no. 2 is deleted from
the array of parties.
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8. Let the amended memo be filed by the NDOH.
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9. During the course of arguments, the issue of limitation was
raised.
10. The plaintiff is directed to argue on this point on the NDOH
along with application u/o 39 rule 1 and 2 CPC on 30.09.2024.
(RUCHIKA SINGLA)
DJ-03 (N/W)
Rohini Courts :Delhi/08.08.2024
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