Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: CS No. 2767/24
Nanhi Devi vs. Kaushalya
10.03.2025
Present : Sh. Anirudh Agarwal Ld. Counsel for plaintiff
through VC.
Today, matter is listed for consideration.
At this stage, Ld. Counsel for plaintiff has filed an
application u/o 6 R 17 r/w S. 151 CPC a/w amended memo of
parties. Same be taken on record.
By virtue of the aforesaid application, plaintiff wants
to add the address of D6/BSES, as mentioned in the
application, in the plaint.
Submissions heard. Record perused.
The present suit is filed for possession, permanent
and mandatory injunction.
Perusal of the amendments, sought by way of
aforesaid application makes it clear that the same is formal in
nature. Also, the suit is at an initial stage and defendants are
yet to be served. Thus, no prejudice is going to be caused to
anyone in case the present application is allowed.
Therefore, in view of the reasons mentioned in the
aforesaid application as well as on the basis of submissions
made by the Ld. Counsel for plaintiff, the application u/o 6 R
17 r/w S. 151 CPC is disposed of as allowed. Amended memo
of parties be taken on record.
At this stage, Ld. Counsel for plaintiff has also
presed the application u/s 80(2) CPC r/w S. 151 CPC.
The mandatory notice u/s 80 CPC has not been
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served upon D6/BSES, for which an exemption application,
u/s 80(2) CPC is filed.
Exemption / leave is allowed. However, it is clarified
that no interim relief or otherwise, shall be granted to the
plaintiff without affording the opportunity to the said party.
Accordingly, application u/s 80(2) CPC is disposed of.
Submissions heard. Record perused.
Issue summons of the suit to defendants, for filing of
WS within stipulated period, on filing of PF/RC, returnable
for 10.06.2025. PF be filed within a week from today.
(Gaurav)
District Judge-01/ SHD
KKD/Delhi/10.03.2025(ch)
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