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Interim Order 16

CNR DLNW03000233202425 Apr 2026
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Interim Order 16 · 25 Apr 2026 · CNR DLNW030002332024

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 1
31 CS SCJ 169/24
Harilal Vyayamshala Samiti Vs. Delhi Urban Shelter
Improvement Board
25.04.2026
Present: Ld. Proxy Counsel for plaintiff along with plaintiff.
Ld. Counsel for DUSIB through VC.
1. Vide this order I shall decide the application under order 6
rule 17 CPC filed on behalf of the defendant.
2. It is stated by the applicant/defendant that inadvertently,
the exact address/location of the suit property could not be filed
by the defendant in his initial WS, hence, permission is sought to
amend the relevant para no. 1. Further it is stated that due to
typographical error, para no. 2 and 6 are being sought to be
amended. It is stated that the suit is at the initial stage and no
prejudice shall be caused to the rights of the parties, hence, it is
prayed that the application be allowed and the defendant be
allowed to amend the WS.
3. Per contra ld counsel for the plaintiff has opposed the
application stating that the defendant has not approached this
court with clean hands and by way of the present application, he
is seeking to withdraw the admissions made on his part in the
earlier WS. It is further argued that the application deserves to
be dismissed as the defendant has not explained any reason for
the said amendment or for the earlier omission. As such it is
argued that the application be dismissed.
4. Heard. Record perused.
5. The present suit has been filed by the plaintiff seeking
permanent injunction restraining the defendant from
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illegally demolish the construction of the suit property and also
seeking a declaration of order dated 22.01.2024 as null and void.
The defendant has sought to mention complete details of the suit
property by way of amendment in para no. 1 and 2 of preliminary
objections. Also the defendant has sought to remove the word
terming the plaintiff as unauthorized occupant by way of present
amendment.
6. Considering the fact that the matter is at initial stage and
issues have not been framed yet, it appears that no prejudice shall
be caused to the parties and nature of the suit shall also not
change if the present amendment is allowed.
7. Accordingly, the application is allowed. Amended WS is
taken on record. Let replication if any be filed by way of advance
copy to the opposite party for 17.07.2026.
8. Be put up for completion of pleadings/admission
denial/framing of issues for NDOH.
(Vaibhav Kumar)
Civil Judge-N/W District
Rohini Courts-25.04.2026
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