Order 10

Order Details: COPY OF ORDER
Pdf Text: CS No. 542/23
Rita Tiwari vs. Santosh Sharma
27.04.2024
Present : Sh. R.N. Dubey Ld. Counsel for plaintiff.
Plaintiff in person.
Sh. Venkatesh Rajput Ld. Counsel for both
defendants.
Since matter was listed for compliance of order dated
30.03.2024, whereby, defendants were directed to file
WS within 15 days from the date of order subject to
payment of cost of Rs. 25000/-.
Perusal of record shows that application u/o 7 rule 11
(a) and (c) r/w S. 151 CPC for rejection / dismissal of
plaint was filed on behalf of defendants on
25.04.2024.
At this stage, counsel for plaintiff has filed reply to
the aforesaid application on record. Copy supplied.
Counsel for plaintiff submits that application u/o 7
rule 11 (a) and (c) r/w S. 151 CPC filed by
defendants cannot be taken on record, heard and
decided at this stage, as the defendants have not made
payment of cost of Rs. 25000/- in compliance of
order dated 30.03.2024. On the other hand counsel
for defendants submits that appeal challenging the
order dated 30.03.2024 has been filed before Hon’ble
Delhi High Court which is pending for listing.
Heard.
Since, the defendant has not complied with order
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CS No. 542/23
Rita Tiwari vs. Santosh Sharma
-2-
dated 30.03.2024 and the appeal challenging order
dated 30.03.2024 has not been listed before Hon’ble
Delhi High Court for hearing, therefore, in view of
the above facts, application u/o 7 rule 11 (a) and (c)
r/w S. 151 CPC of defendants cannot be taken on
record, at this stage.
Matter is adjourned.
Matter be listed for PE on 30.05.2024. Advance copy
of evidence affidavits be supplied to the counsel for
defendants ten days before next date of hearing.
(Ramesh Kumar II)
Additional District Judge-01
SHD/KKD/Delhi/27.04.2024
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