Final Order 1

Order Details: Notice of Motion
Pdf Text: 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. Contd....
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stage the Adv.for the plaintiff has withdrawn this notice of motion with liberty to file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Notice of Motion No. 4785/19 stands disposed of as withdrawn with liberty to file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.
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