Interim Order 7

Order Details: COPY OF ORDER
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26 CS 373/24
Sh Akash Handa Vs. Sh Ajay Handa and anr
14.10.2025
Present : Sh. Pradeep Sharma, Ld. Counsel for Plaintiff.
Sh. Lokesh Verma and Ms. Meeta Sharma, Ld. Counsel for
Defendant no. 1 with Defendant no. 1.
Ms. Kiran Yadav, proxy counsel for Defendant no. 2.
Ld. counsel for plaintiff has filed reply to the application
of D-2 under Section 148 CPC, certificate under Section 63 BSA Act,
rejoinder and affidavit regarding A/D of documents as per Index,
running upto 25 pages. Copy supplied.
Perusal of record shows that an application of Defendant
no. 2 under Section 148 CPC seeking condonation of delay in filing the
written statement is pending for disposal. Perusal of record shows that
said application has already been treated as an application under Order
8 Rule 1 CPC.
Arguments heard on said application. Record perused.
For the reasons stated in the application, the delay in filing
the written statement is hereby condoned subject to costs of Rs.2,000/-
(said costs be paid by D-2 to the Plaintiff). Thus, the aforesaid
application is disposed off.
Subject to payment of aforesaid costs, the written statement
of D-2 is taken on record.
Ld. counsel for D-2 seeks one week time to file affidavit
regarding A/D of documents filed by Plaintiff.
Be filed within a week with copy to the plaintiff.
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Pleadings are complete.
On the basis of pleadings of parties, the following issues
are framed:-
1. Whether the Plaintiff has suppressed the material facts? OPD
2. Whether the suit is bad for mis joinder of proper and necessary
parties? OPD
3. Whether the Plaintiff is entitled for decree of recovery of
Rs.74,00,000/- as prayed for in Prayer Clause (a)? OPP
4. Whether the Plaintiff is entitled for Interest? If so, at what rate
and for which period? OPP
5. Relief
No other issue arises or pressed for.
List of witnesses be filed by both sides within 14 days. Let
evidence affidavits of all the PWs be filed on record within 04 weeks
and advance copy of same be supplied to the other side at least 10 days
prior to next date.
Put up for PE on 08.01.2026.
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi. 14.10.2025
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