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Order 11

CNR DLNW03001216202521 Sept 2026
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Order 11 · 21 Sept 2026 · CNR DLNW030012162025

Order Details: COPY OF ORDER
Pdf Text: CS SCJ 824/2025
SWARUP PAUL Vs. ATAM PRAKASH
21.09.2026
Lawyers are stated to be abstaining from work today.
File taken up on an application u/s 151 CPC filed on behalf
of plaintiff for immediate protection and preservation of goods
lying at the suit property, bringing on record the fresh occurrence
regarding missing/disappeared ACs and handover/removal of
goods.
Present: Applicant/Plaintiff in person.
Non-applicants/Defendants no. 1 and 2 in person.
Sh. Deepak Kumar, Senior Legal Executive, on
behalf of non-applicant no. 4/proposed defendant
no. 4/TPDDL is present through VC.
Notice issued to defendant no. 3 received back
unserved with the report that the address could not be traced.
The Court is of the view that the reliefs sought by
the plaintiff by way of the present application are not
maintainable unless the suit is amended and the averments made
by way of the application form part of the main pleadings. Infact,
a perusal of the record shows that an application under Order 6
Rule 17 CPC and an application under Order 1 Rule 10 CPC
filed on behalf of plaintiff are pending adjudication. Therefore, at
present the reliefs which do not find mention in the main suit
cannot be granted by way of an interim application.
In view of the above, let the file be taken up on the
date fixed i.e. 03.10.2026.
(Mansi Malik)
JSCC-cum-ASCJ-cum-Guardian Judge
North West / Rohini Courts /Delhi
21.09.2026
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