Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 10 CS SCJ 1125/25
SHASHI SHARMA Vs. NARENDER KUMAR
05.01.2026
Present : Sh. Sahil Jain, Ld. counsel for plaintiff.
Sh. Vikram Singh Dahiya, Ld. counsel for defendant.
In the present matter, defendant was served on 11.12.2025
and on 15.12.2025 application under order 7 Rule 11 CPC and
application under Order 37 Rule 3 (5) CPC on behalf of defendant.
Ld. counsel for defendant has raised objections regarding
maintainability of the present suit under order 37 CPC as only a bayana
receipt has been filed on behalf of the plaintiff based on which he
claims the present suit to be maintainable under Order 37 CPC.
In the considered opinion of this Court, suit under Order
37 CPC being technical in nature cannot be filed merely on the basis of
bayana receipt without filing any agreement in this respect.
In view of the same, the present suit is converted into
ordinary civil suit seeking recovery of Rs. 2,00,000/-
Be put up for filing of WS on behalf of defendant and
reply to the application under Order 7 Rule 11 CPC on behalf of
plaintiff with advance copy to each other on 25.03.2026.
(Gita)
ACJ/CCJ/ARC (North-West)
Rohini Courts, Delhi/05.01.2026
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