Date: 03-09-2022
Business: Holiday declared as per Order No.178/2022 dated 25.08.2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Adv. Darpan Jain for plaintiff present. He tendered reply on NM No.3003/2022. TOR. Copy served to the Deft. no.1.
Adv. Sanjay Yadav for Deft. no.5 present. He tendered reg. NM No.3003/2022. TOR. He also tendered additional documents a/w List. TOR. Copy served to the plaintiff.
Matter stands adjourned to 22.12.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2022
Date: 22-12-2022
Business: Adv. Rakesh Agrawal for plaintiff present.
Adv. Mariyam Siwani h/f Adv. Sachin Gelye for Deft. no.4 present.
Adv. O. P. Singh for Deft. no.5 present. He tendered rejoinder to NM No.3003/2022. TOR. Copy served upon plaintiff.
Matter stands adjourned to 10.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: Adv. Agarwal for plaintiff present.
Adv. O. P. Singh for defendant No.5 present. He tendered draft CS a/w affidavit in support.
O-Leave granted to register draft CS.
Matter stands adjourned on 08.03.2023 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: Adv. R. K. Agarwal for plaintiff present.
Adv. O. P. Singh for defendant No.5 present.
K.B.
Later on at 4.07 p.m.
Adv. R. K. Agarwal for plaintiff present. He tendered registered CS No.453/2023 a/w affidavit in support.
Adv. O. P. Singh for defendant No.5 present. He tendered affidavit in reply.
Matter stands adjourned on 13.04.2023 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 13-04-2023
Date: 13-04-2023
Business: Adv. Rakesh Agarwal for plaintiff present.
Adv. Pathak h/f Adv. O. P. Singh for defendant No.5 present. He tendered rejoinder. TOR.
Copy served to other side.
Matter stands adjourned on 07.06.2023 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 07-06-2023
Date: 13-04-2023
Business: Adv. Rakesh Agarwal for plaintiff present.
Adv. Pathak h/f Adv. O. P. Singh for defendant No.5 present. He tendered rejoinder. TOR.
Copy served to other side.
Matter stands adjourned on 07.06.2023 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 07-06-2023
Date: 07-06-2023
Business: Adv Jain h/f Adv Agarwal for plaintiff present.
Adv Sanjay Yadav for defendant no. 5 present and seeks time for hearing on Ch/s. Time granted
Matter stands adjourned on 17-07-2023 Ch/s hearing
Next Purpose: C/S HEARING
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: Court is on Leave.
Next Purpose: C/S HEARING
Next Hearing Date: 09-10-2023
Date: 09-10-2023
Business: Adv Agarwal a/w Plaintiff present.
Adv Sanjay Yadav for defendant no. 5 present.
Heard arguments of both side.
Matter stands adjourned on 25-10-2023 for order.
Next Purpose: ORDER
Next Hearing Date: 25-10-2023
Date: 25-10-2023
Business: None present for Plaintiff.
Adv Sanjay Yadav h/f Adv O.P. Singh present for Defendant no.5.
Due to paucity of time matter is adjourned.
Matter stands adjourned on 21-11-2023 for order
Next Purpose: ORDER
Next Hearing Date: 21-11-2023
Date: 21-11-2023
Business: Plaintiff in person present.
Defendant no. 5 in person present.
As court busy in dictating judgment in POCSO SPL CASE No. 374 of 2016. Hence matter is adjourned.
Matter stands adjourned on 11-12-2023 for order on Ch/s.
Next Purpose: ORDER
Next Hearing Date: 11-12-2023
Date: 11-12-2023
Business: Advocate Agarwal a/w Plaintiff in person present.
Advocate O.P. Singh present for Defendant no.5.
Defendant no. 5 in person present.
Order is partly dictated.
Matter stands adjourned on 12-12-2023 for order.
Next Purpose: ORDER
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: Advocate Darpan Jain a/w Plaintiff in person present.
Defendant no. 5 in person present.
F.R.S.R following order is passed in Chamber Summons No. 453 of 2023
Order
1. Chamber Summons No. 453 of 2023 is allowed.
2. The defendant no. 5 shall carry out proposed amendment as per the schedule, within 14 days from the date this order.
3. The defendant No.5 to file amended copy of Written Statement on record and also supply copy to the other side.
4.Costs in cause.
5.Chamber Summons No. 453 of 2023 is accordingly disposed of.
Matter stands adjourned on 06-02-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-02-2024
Date: 06-02-2024
Business: Advocate Rakesh Agarwal along with Plaintiff present.
Advocate Siddharth for defendant no.4 present.
Advocate Pathak for defendant no.5 present.
Matter stands adjourned on 18-03-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-03-2024
Date: 18-03-2024
Business: Adv. Darpan Jain h/f Adv. Rakesh Agarwal for Plaintiff present.
Adv. Sanjay Yadav for defendant no.5 present.
The defendant served the copy of amended W.S. to plaintiff.
Matter stands adjourned on 22-04-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2024
Date: 22-04-2024
Business: Adv. Rakesh Agarwal for Plaintiff present.
Adv. O. P. Singh for defendant no. 5 present.
Heard both sides.
Order below Notice of Motion No. 3003 of 2022.
Perused NM, reply and record. The defendant no. 5 is praying to permit him to file additional evidence on record. He has submitted that in the partition suit all the party should be impeded. For that purpose the defendant no. 5 was allowed to carry out proposed amendment vide order passed in C/s No. 423/2023. The defendant no. 5 has filed amended copy of Written Statement. Now he wants to file additional evidence after carrying out the amendment. The plaintiff has opposed this NM on the ground that the document which is sought to be produced on record is irrelevant and the defendant no. 5 can not be permitted to bring it on record. Therefore they are seeking dismissal of the NM.
The roznama indicates that the defendant no. 5 has tendered affidavit in chief. The documents were exhibited. It is seen that the cross-examination is not commenced. Under such circumstances, in view of the amendment in the Written Statement of defendant no. 5 , he can be allowed to adduce additional evidence. Considering the facts and circumstances of this case the NM needs to be allowed. Hence I proceeded to pass following order
ORDER
1. The Notice of Motion No. 3003 of 2022 is hereby allowed.
2. The defendant no. 5 is permitted to adduce additional evidence.
3. Costs in cause.
4. The Notice of Motion No. 3003 of 2022 is disposed of accordingly.
Matter stands adjourned on 25-06-2024 for R/E.
Nature Of Disposal: ALLOWED
Disposal Date: 22-04-2024
