Order 10

Order Details: COPY OF ORDER
Pdf Text: 27 CS SCJ 1086/23 VED PRAKASH S/O SHAM LAL Vs.
MAHARISHI BALMIKI MANDIR SUDHAR SAMITI
17.04.2025
Regular Stenographer of this Court is on leave today.
Present: Ms. Manshi Bhushan and Ms. Sanjana Patel, Ld. Counsel
for the plaintiff alongwith plaintiff no.1.
Sh.Mukesh Sharma and Ms. Swati, Ld. Counsel for the
defendant.
Matter is at the stage of reply/arguments on the application
u/o 6 Rule 17 CPC /arguments on the application u/O 39 Rule 1 & 2
CPC and arguments on the application u/o 1 rule 10 CPC.
Today reply has been filed on behalf of the defendant to the
application u/o 6 rule 17 CPC alongwith reply to the application u/o 1
rule 10 CPC.
Arguments heard on behalf of both the parties to the
application u/o 6 Rule 17 CPC.
Record perused.
This court is of the opinion that the amendment will not
change the nature of the suit nor the same is malafide. Rather, the
plaintiff wants to add the valuation clause which was inadvertently
missed earlier. It is settled law that such a defect is curable defect and
the court must grant time to correct the valuation and to pay the requisite
court fees, accordingly.
In view of the above discussion, the application u/o 6 Rule
17 CPC is allowed. The amended plaint is taken on record. Court fees
already paid. The defendant is directed to file the amended WS.
Contd.2/-
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As regards the application u/o 39 Rule 1 & 2 CPC,
arguments have been heard on behalf of the plaintiff. Written synopsis
have also been filed by ld. Counsel for the plaintiff. Same is taken on
record.
List the matter for arguments on behalf of the
defendant/arguments on the application u/o 1 Rule 10 CPC on
03.05.2025.
(Arjun Kirar)
Civil Judge-N/W District
Rohini Courts/17.04.2025
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