Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: 8
CS DJ 926/23
CHHAYA CHOUDHARY Vs. ROSHNI DEVI
30.03.2024
Present: Sh. Sahil Goel, Ld. Counsel for plaintiff with
plaintiff.
Sh. Ankit Sharma, Ld. Counsel for defendant no. 1
and 2.
Sh. Deepak, PRI from Post Office.
Report is filed by employee appearing from Post
Office. As per report, article sent against Nirmala Devi has been
delivered at the addressee through Satbir on 15.01.2024. Notice
of the application under Order 1 rule 10 CPC and Order 6 rule 17
CPC was issued to Nirmala Devi through post against the said
receipt, as such, she is deemed served with the notice on
15.01.2024. None has appeared for Nirmala Devi nor any reply
has been filed.
Submissions on the application are heard.
The plaintiff is seeking impleadment of Nirmala
Devi to whom the suit property has been sold by way of sale deed
registered on 02.11.2023 with Sub Registrar VI, New Delhi and
to allow the plaintiff to amend the plaint to incorporate the facts
pertaining to the sale of the property in the name of Nirmala Devi
and to seek relief of mandatory injunction against her. Reliance
is placed upon Lala Durga Prasad & Anr Vs Lala Deep Chand &
Ors, 1954 SCR 360 and P. Ramasubbamma Vs V. Vijayalakshmi
& Ors, 2022 LiveLaw (SC) 375. Considering the facts of the
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case and the submissions of the plaintiff where the suit property
has been sold to Smt. Nirmala Devi and that relief of mandatory
injunction is being sought against her, she is deemed necessary
party in the present suit for its appropriate adjudication. Both the
applications are allowed and Smt. Nirmala Devi is allowed to be
impleaded as defendant no. 3 and the plaintiff is allowed to
incorporate the pleadings qua her. Amended plaint with memo of
parties is taken on file.
Let summons for settlement of issues as prayed be
issued to defendant no. 3 Nirmala Devi to be served through post
as well as through Office of Ld. District Judge concerned, on
filing of PF for 27.04.2024. PF be filed within a week from
today.
(SUNIL CHAUDHARY)
ADJ04/NorthWest
RHC/Delhi 30.03.2024
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