Order 7

Order Details: COPY OF ORDER
Pdf Text: 7 CS 101/24
Kripal Singh Vs. Kishor Kumar
06.03.2025
AT 10:14 AM
One regular Stenographer is on medical leave. No substitute
stenographer has been provided.
Present: Sh. Ashish Kumar Sinha, Ld. Proxy Counsel for Sh.
Raksh Pal Singh, Ld. Counsel for plaintiff through
VC
Plaintiff and his daughter are in person.
Sh. Abhinav, Ld. counsel for defendant
No replication and affidavits of admission and denial
of documents have been filed on behalf of plaintiff despite
opportunity granted.
Affidavits of admission and denial of documents and
proposed issues filed on behalf of defendant. Copy supplied.
Previous costs of Rs.2,000/- paid by Ld. Counsel for
defendant to plaintiff.
Defendant in his affidavits of admission and denial
of documents has denied all the documents filed by plaintiff.
Defendant is not present in person. Original pass
book and certified copies of other documents are not filed by
defendant. Plaintiff has also not filed affidavits of admission and
denial of documents. Under the above circumstances, admission
and denial of documents cannot be conducted.
Pleadings of the parties are completed. From the
pleadings of the parties, following issues are framed :
1. Whether plaintiff is entitled for money decree for recovery
of a sum of Rs.4,50,000/- against defendant, as prayed? OPP
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2. Whether plaintiff is entitled for the interest on the suit
amount? If yes, then at what rate and for what period? OPP
3. Whether this Court has no territorial jurisdiction to try,
entertain and adjudicate the present suit, as claimed? OPD
4. Whether defendant has taken only Rs.1,00,000/- from the
deceased son of plaintiff, as claimed? OPD
5. Whether defendant has repaid the amount taken from
deceased son of plaintiff, as claimed? If so, what would be
its effect? OPD
6. Whether the present suit is bad for non joinder of
necessary party as plaintiff has not impleaded the wife and
daughters of deceased Amar Chauhan? If so, what would
be its effect? OPD
7. Relief.
No other issue arises or is pressed by the parties, at
this stage. The parties are directed to file list of witnesses within
15 days from today.
The plaintiff is directed to file evidence by way of
affidavit of the plaintiff’s witnesses within 30 days, with an
advance copy to the opposite side, at least seven days prior to the
next date of hearing.
Put up for P.E. on 19.05.2025.
(Deepanker Mohan)
District Judge-04
Shahdara District/KKD Courts/Delhi
06.03.2025
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