Interim Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 17 CS SCJ 799/23
MANISH MITTAL Vs. BHAJAN SINGH MADAN
04.07.2026
Present : Sh. Parvesh Bansal, Ld. Counsel for plaintiff
(through VC).
Sh. D.K Singh, Ld. Counsel for defendant (through
VC).
Arguments heard on application u/o 7 rule 11 CPC.
Ld. Counsel for defendant/applicant has make
submissions regarding rejection of plaint qua the point of
limitation and specifically submitted that there is no proof of part
payment and fact of part payment has been mentioned just to
bring the case within the scope of limitation. Further it is
submitted that there is different amount mentioned in the notice
for which plaintiff is allegedly entitled however, a suit of
different amount has been filed.
The court is of considered opinion that both the said
issues/disputed points, cannot be decided merely going through
the plaint and said requires appreciation of evidence.
Accordingly, no merit is found in the application u/o 7 rule 11
CPC, application is dismissed.
It is submitted by the counsel for the plaintiff that he
does not want to file replication and issues may be frame.
Pleadings have been completed. Ld. Counsel for
both the parties submit that there is no documents for
admission/denial. On the basis of the pleadings of the parties, the
following issues are framed :
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1. Whether the plaintiff is entitled for decree of recovery of
Rs. 67,000/- alongwith pedentilite and future interest and cost, as
prayed for? OPP
2. Whether the suit is not maintaiable being barred by
limitation? OPD
3. Relief.
No other issues arises or pressed upon by the parties.
List of witnesses be filed by both the parties within 15 days from
today. Evidence by way of affidavit be filed by the plaintiff and
copy of the same be supplied to the opposite party at least 15
days prior to the NDOH.
Matter be re-listed for PE on 17.10.2026.
Date is
given as per the convenience of both the counsels.
(Mayank Mittal)
SCJ-cum-RC, North-West,
Rohini Courts, Delhi/04.07.2026(u)
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