Delhi High Court - Orders
Lt Col Dr Yasmin Yusufzai Retd vs Mr Awes Rajput & Ors on 12 December, 2023
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1/2022
LT COL DR YASMIN YUSUFZAI RETD
.....Plaintiff
Through: Ms. Alisha Sharma, Adv. (through
VC).
versus
MR AWES RAJPUT & ORS.
.....Defendant
Through: None for D-1 despite service
through publication.
Mr. Adeeb Arshad Advocate for R-
2 (through VC).
Mr. Kuljeet Rawal, Adv. for D-3 &
D-4 (Mob. No.9811088203).
Mr. Anupam Srivastava, ASC for
GNCTD with Mr. Dhairya Gupta,
Adv. for D-5.
CORAM:
JOINT REGISTRAR (JUDICIAL) SH. DEVENDER
KUMAR GARG (DHJS)
ORDER
% 12.12.2023 I.A. No. 11686/2023 (by plaintiff seeking leave to place additional documents on record) & I.A. No. 11687/2023 (by plaintiff seeking production of complete original records of sale deeds)
1. Pleadings qua the captioned IAs are already complete.
2. Ld. Counsels for parties appearing today have submitted that by way of the present applications, the plaintiff is seeking permission to file additional documents. They have further submitted that in view of directions passed in "Max Hypermarket India Pvt. Ltd. Vs. Curo India Pvt.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/12/2023 at 23:38:43 Ltd." in CS(COMM) 95/2016, the present application be placed before the Hon‟ble Court and they will make appropriate submissions before the Hon‟ble Court in this regard.
3. At joint request and in view of above cited judgment, let the captioned IA be placed before the Hon‟ble Court for further directions on 29th January, 2024. I.A. No. 21891/2023 (by defendants no.3 & 4 u/S 5 of the Limitation Act seeking condonation of delay of 97 days in re-filing reply to IA No.21766/2022 of plaintiff)
4. Ld. Counsel for plaintiff submits that she does not wish to file any reply to the captioned IA and has no objection if the same is allowed.
5. Heard. For the reasons stated in the application and in view of the above submissions, delay in filing reply to IA No.21766/2022 on behalf of defendants no.3 & 4 is condoned and the same be taken on record.
6. The captioned IA stands disposed off accordingly. I.A. No. 21766/2022 (by plaintiff u/O VI Rule 17 of CPC for amendment of plaint)
7. Right of the defendants no.1 and 2 to file reply to the captioned IA has already been closed.
8. Ld. Counsel for defendant no.5 already submitted that he did not wish to file any reply to captioned IA.
9. Reply to the captioned IA filed on behalf of defendants no.3 & 4 vide diary no.600497 dated 03.11.2023 has been placed in soft copy of judicial record. The same has been taken on record in terms of order passed today while disposing off IA No. 21891/2023.
10.Ld. Counsel for plaintiff already submitted that he did not wish to file any rejoinder to reply of defendants no.3 & 4. This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/12/2023 at 23:38:43
11.Pleadings qua the captioned IA are complete.
12.Ld. Counsel for parties appearing today have submitted that the amendments sought in the captioned IA are not formal in nature. They have further submitted that the captioned IA may be placed before the Hon‟ble Court where they would make their further submissions.
13.At joint request, let the captioned IA be placed before the Hon‟ble Court for further directions on 29th January, 2024.
I.A. No. 10238/2023 (by defendant no.5 u/O I Rule 10 r/w Section 151 CPC to strike out the name of defendant no.5 from array of parties)
14.Today the captioned IA is listed for arguments.
15.At joint request, re-notify the captioned IA for arguments on next date of hearing.
I.A. No. 3/2022 (u/O XXXIX Rules 1 & 2 r/w Section 151 of CPC by plaintiff).
16.Pleadings qua the captioned IA are complete. CS(OS) 1/2022
17.Pleadings qua defendants no.2 to 5 are already complete.
18.No written statement and affidavit of admission/denial of documents has been filed on behalf of defendant no.1.
19.As per office noting, documents filed vide diary no.
1105902 dated 6.7.2022 has not come on record till date. Let needful in this regard be done.
20.Office noting further shows that there is no filing vide diary no.1234959 dated 26.7.2022 as referred in order dated 06.11.2023.
21.An application u/O VI Rule 17 CPC for amendment of plaint is pending for consideration.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/12/2023 at 23:38:43
22.At joint request, re-notify the present matter for further proceedings on 05th April, 2024.
DEVENDER KUMAR GARG (DHJS) JOINT REGISTRAR (JUDICIAL) DECEMBER 12, 2023/v Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/12/2023 at 23:38:43