Final Order 1

Order Details: Other
Pdf Text: 20.12.2019
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CORAM : HIS HONOR JUDGE, CITY CIVIL COURT
SHRI. V.V. VIDWANS (Court Room No. 03)
EA 81/19 DH and JD present.
Adv. Anand for DH present and seeks leave to register the draft CS.
Leave granted to register draft CS.
Adv. Pawan Kumar for JD present and filed reply to draft CS.
Heard both sides on the draft CS. Ld. counsel for DH submitted that
as per schedule A of the CS, LR's of Defendant no. 2 are required to be
brought on record. He submitted that LR's 2(a) and 2(b) are already
on record but their addresses are to be taken on record and LR 2(c)
is to be brought on record as per the details and addresses given in
schedule annexed with the affidavit along with CS. The Ld. counsel
for JD has strongly opposed the prayer in the CS on the ground that
the DH ought to have taken steps to bring the LR's on record on or
before 90 days. The DH has failed to comply with the procedure and
inspite of having knowledge, did not supply the addresses of LR's
2(a) and 2(b) and bring on record the LR's 2(c) on time the CS as
framed and filed is not maintainable in law and it should be
dismissed. He is submitted that if the court is inclined to allow CS,
cost be imposed on DH.
In view of the above submission, I have perused the grounds stated
in the affidavit along with CS and considered the reply filed by the JD.
I have also taken into consideration the oral submissions of both the
sides. It is submitted by the Ld. counsel for DH that the lapse of not
supplying the addresses of the LR's 2(a) and 2(b) are due to
inadvertence and not intentional. He also submitted that he got the
information about the third daughter of the defendant from the Ld.
counsel for JD on 05.11.2019 and thereafter he has taken necessary
steps. Hence, the delay may be condoned.
Considering the legal position regarding bringing of LR's on record
the rule of 90 days is not applicable in execution proceedings as per
O-22, R-12 of CPC and in this regards the provisions of O-21, R-16 of
CPC can be invoked. I hold that CS deserves to be allowed and made
absolute as prayed. It is allowed accordingly. The Ld. counsel for DH
to carry out the necessary amendment within four weeks. Office to
register draft CS for statistical purpose.
Matter stands Adj for compliance to 17.01.2020.
Judge
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