Full Order Text
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 -- 1 of 2 -- 2 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 -- 2 of 2 --
