Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 7 CS DJ 955/25
Neera Sharma Vs. Anshul Sharma
29.08.2026
File is taken up today because the court was closed on the date fixed in the
case i.e. 27.08.2026 vide notification no. 85/G-4/Genl.-I/DHC dated
21.08.2026 and in the same notification, it has been ordered that cases fixed
for 27.08.2026 are to be taken up on 29.08.2026.
Present : Sh. Akarsh Bhardwaj, Ld. counsel for both plaintiffs with
plaintiff no. 2.
An application under Order 6 Rule 17 read with Section 151 of
CPC along with proposed amended suit is filed by the plaintiffs.
Ld. counsel for plaintiffs submits that the application may be
taken up for hearing and disposal today itself so that the hearing of the suit on
its merits does not get delayed. At his request, the application is taken up for
consideration.
There is no requirement of issuing notice of the application for
service upon the defendants because the defendants have not yet been served
with summons for settlement of issues.
Arguments are heard in respect of the application.
By application under Order 6 Rule 17 of CPC, the plaintiffs wish
to amend the valuation of the suit in the plaint.
In my opinion, no prejudice would be caused to the defendants if
the proposed amendment is permitted. The said amendment does not change
the nature of the suit. The plaintiffs are not withdrawing from any admission
of fact by the proposed amendment. The defendants are at liberty to question
and assail the correctness of the valuation stated by the plaintiffs at trial.
The application under Order 6 Rule 17 read with Section 151 of
CPC filed by plaintiffs is allowed.
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(2)
The amended plaint is taken on record.
Arguments are heard on the suit.
Issue summons of the suit for settlement of issues and notice of
accompanying application for service upon the defendants returnable on the
next date of hearing. PF shall be filed within one week.
The defendants are directed to file their written statement within
thirty days from the date of service of the summons. Endorsement of this be
made on the summons.
Put up for further proceedings on 24.04.2027.
(Ashish Aggarwal)
District Judge-III
North-West District,
Rohini Courts, Delhi
29.08.2026
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