Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS DJ 1068/24
Anita Nagi & Ors. Vs. Jatin Nagi
25.01.2025
Present: Ld. Counsel the plaintiff.
Ld. Counsel has filed an amendment application.
Since, suit is still at pre-summoning consideration stage, the
application is allowed. Amended plaint is taken on record.
In paragraph 7 of the amended plaint, the plaintiff
has submitted that complete chain of original/registered
documents of the property should be brought by the defendant. I
am of the view that this cannot be permitted. The plaintiff has to
stand on its own. Even a partition suit can survive only when the
plaintiff is able to show ownership of predecessor in interest and
not otherwise.
Any immovable property can exchange hand in
respect of ownership only through a registered document and
therefore, if any registered document exists in favour of
predecessor in interest of the plaintiff, the same has to be
available with the Sub-registrar.
At best, the plaintiff can call for records from the
concerned Sub-registrar of the property in question. Let the
plaintiff file details and necessary process fee, whereupon office
shall send a notice to the concerned Sub-registrar for production
of documents pertaining to the suit property.
List for further proceedings on 27.05.2025.
(Rakesh Kumar Singh)
DJ-02/(N-W), Rohini Courts
Delhi/25.01.2025
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