Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 37 CS DJ 1051/23
Vipin Kumar Jain Vs. Anjali Jain
19.03.2025
Present : Sh. Nitin Arora, Ld. counsel for the plaintiff with plaintiff.
Sh. Yashaswi Bhatnagar, Ld. counsel for the defendant no. 2, 3
and 5 with defendant no. 2 and 3.
Defendant no. 1 and 4 are exparte.
Matter is at the stage of reply/ arguments on application u/o 6
rule 17 CPC filed by the plaintiff. It is submitted by Ld. Proxy counsel for the
defendant no. 2, 3 and 5 that there is no objection to the said application.
Separate statement of the defendant no. 2 and 3 is recorded to this effect.
By virtue of this application, the plaintiff seeks to add the relief
of declaration of a Sale Deed as null and void which was executed by the
defendant no. 2 in favour of the defendant no. 5. It is stated that this fact was
not known to the plaintiff earlier and the plaintiff came to know of this fact
only after the WS was filed. It is submitted that the said amendment shall not
change the nature of the suit and shall prevent multiplicity of proceedings.
Hence, the application may be allowed.
Heard. Perused. In view of the above mentioned reasons, the
application is allowed. Amended plaint is taken on record.
Now, to come up for arguments on the defendant’s application
for condonation of delay on 23.05.2025.
(RUCHIKA SINGLA)
DJ-03 (N/W)
Rohini Courts :Delhi/19.03.2025
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