Date: 13-12-2019
Business: P.O. is on Leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv for plaintiff Ms.Ankita Upadhayay present.
None for the defendant.
Adv for plff. tendered register N/M 4785/19
Adv for plff requested for adjournment to file Affidavit of Service of N/M. O-Granted.
Matter is Adjd for Affidavit of Service of N/M to 31.03.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-03-2020
Date: 31-03-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Business: Due to National Lockdown (Covid-19) matter adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Business: Due to National Lockdown (Covid-19).
All parties absent.
Matter adjd to 11.03.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv. Omar Khaiyam Shaikh for plaintiff is present.
Adv. Prabhat Dubey present.
Adv.for the plaintiff sought time to file affidavit of service of NM No. 4785/19. Hence, the matter is adjourned for service affidavit and NM reply.
Today applicant Ayesha Mittal has filed the draft CH/S through her Adv. Prabhat Dubey.
Vakaltanama filed by Adv. for the applicant t.o.r marked as Exh.2.
Adv. for the applicant tendered draft CH/S. O- Leave granted to the register.
KB LO at 3.40p.m.
Plaintiff no.7 is present.
Adv. Priyanka Shukla h/f Adv. Omar Shaikh for plaintiff is present.
Adv. Pandey h/f Adv. Dubey for applicant is present.
Adv.for the applicant tendered original registered CH/S No. 571/21.
Order below CH/S No.571/21
Perused the chamber summons which is supported by an affidavit of applicant Ayesha Mittal. Also perused the reply. Heard Ld. Adv. of both the sides. Today plaintiff no.7 Suleman Hussain Wawada is present before the Court and has submitted that the applicant Ayesha Mittal is also residing in the suit premises. The chamber summons is for adding the applicant as defendant no.6. Considering the nature of suit and the relief claimed therein, when the applicant is claiming to be in the actual possession of the suit premises and the statement of plaintiff no.7 to that effect, makes the applicant a necessary party to the suit. Hence, as per the provisions of Order 1 Rule 3 of the CPC as the relief in respect of suit is arising out of the same act and transaction and common question of law and fact, the applicant needs to be added as defendant to the present suit. Hence, I pass the following order-
ORDER
Chamber Summons No. 571/21 is allowed and made absolute in terms of prayer clause (a) and (b).
The plaintiff to carry out the amendment within two weeks and shall supply the copy of amended plaint upon the defendants two weeks thereafter.
Chamber Summons disposed of accordingly.
Order below NM No. 4785/19
Perused the notice of motion. Heard both the sides. In the present case as per Order in Chamber Summons No. 571/21, the defendant no.6 is added. Therefore, at this stage the Adv.for the plaintiff has withdrawn this notice of motion with liberty to file afresh. Hence, I pass the following order-
ORDER
Notice of Motion No. 4785/19 stands disposed of as withdrawn with liberty to file afresh, if any.
Notice of Motion is disposed of accordingly. It be removed from board.
Nature Of Disposal: OTHER
Disposal Date: 11-03-2021