Interim Order 7

Order Details: COPY OF ORDER
Pdf Text: 8 CS 370/24
AARTI CHANDEL AND ANR. VS. VIRENDER KUMAR AND ORS.
04.02.2026
Present: Sh. Chander Prakash Sharma, ld. Counsel for plaintiff.
Sh. Mehul Chandel, ld. Counsel for defendant no. 1 and 3.
Sh. Jitender Kumar Khullar, ld. Counsel for LRs of defendant no.
2.
Sh. Rahul Kumar, ld. Proxy counsel for defendant no. 4 and 5.
A. WS filed on behalf of defendant no. 1 and 3 alongwith application
u/o VIII Rule 1 CPC seeking condonation of delay in filing WS alongwith
vakalatnama (running into 30 pages). Copy supplied.
Counsel for the plaintiff submits that he has no objection if the
above application may be allowed, however, subject to cost.
For reasons stated in the application and also in view of no
objection given by ld. Counsel for plaintiff, the instant application stands
disposed off as allowed, however, subject to cost of Rs.1,000/- each to be paid
by the defendant no. 1 and 3 to the plaintiff. Delay in filing the WS stands
condoned. WS of defendant no. 1 and 3 is taken on record.
B. An application u/o I Rule 10 CPC and u/o XXIII Rule 1A CPC
r/w section 151 CPC to transpose defendant no. 4 and 5 as plaintiffs filed on
behalf of defendant no. 4 and 5. Copy supplied.
Counsel for the plaintiff submits that he has no objection if the
above application may be allowed.
For reasons stated in the application and also in view of no
objection given by ld. Counsel for plaintiff, the instant application stands
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disposed off as allowed. Defendant no. 4 and 5 stands transposed as
plaintiffs in the present suit.
Both the parties are directed to file affidavit of A/D of the
documents respectively filed by the other side with advance copy to the
opposite party.
Replication, if any, be filed by the plaintiff within 04 weeks with
advance copy to the other side.
Ld. Counsel for defendant no. 1 and 3 submits that the plaintiff
has not impleaded all the necessary parties in the present suit. Ld. Counsel
further submits that daughter Ms. Tannu Singh of one of the deceased sister of
the plaintiff has not been impleaded.
Put up for clarification on the above issue, completion of
pleadings, filing affidavit of A/D of documents and framing of issues on
29.04.2026.
(Mohammad Ehtesham)
DJ – 03, Shahdara District,
Karkardooma Courts, Delhi
04.02.2026
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