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Delhi High Court - Orders

Shiv Kumar Jatia & Anr vs Ram Pyari Devi Charitable Trust & Ors on 17 June, 2022

Author: Anoop Kumar Mendiratta

Bench: Anoop Kumar Mendiratta

                          $~38
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    CS(OS) 373/2022
                               SHIV KUMAR JATIA & ANR.
                                                                              ..... Plaintiffs
                                               Through: Mr.Sidhant Kumar and Ms. Manyaa
                                                        Chandok, Advs.

                                                   versus

                                RAM PYARI DEVI CHARITABLE TRUST & ORS.
                                                                                        ..... Defendants
                                                   Through:        Mr. Kartik Nayar, Advocate.

                                CORAM:
                                HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
                                             ORDER

% 17.06.2022 I.A. 9765/2022 This is an application preferred on behalf of the plaintiffs under Section 151 CPC seeking exemption from filing original/certified/typed copies of the dim/illegible documents.

Allowed, subject to all just exceptions.

Application is accordingly disposed of.

I.A. 9763/2022

This is an application preferred on behalf of the plaintiffs under Section 92 read with Section 151 CPC for leave to file the present suit along with affidavit.

Leave granted. Application is accordingly disposed of.

I.A. 9766/2022

This is an application preferred on behalf of the plaintiffs under Section 151 CPC seeking liberty to file additional documents at the Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:18.06.2022 20:29:52 appropriate stage, along with affidavit.

The application is allowed subject to all just exceptions with liberty to file additional documents at the appropriate stage.

I.A. 9767/2022

This is an application preferred on behalf of the plaintiffs under Section 149 read with Section 151 CPC seeking enlargement of time for filing of court fees.

Learned counsel for the plaintiff submits that court fee would be filed before the next date of hearing i.e. 29.06.2022.

In view of the statement by the learned counsel for the plaintiff, the application is accordingly disposed of and the time for filing of court fees is enlarged till 29.06.2022.

CS(OS) 373/2022, I.A. No.9764/2022 The plaint be registered as suit.

An application has been preferred on behalf of the plaintiffs under Order XXXIX Rule 1 and 2 & 10 of the CPC read with Section 151 of the Code seeking interim reliefs.

Issue summons of the suit along with and notice of application to the defendants. Sh. Kartik Nayar, learned counsel for all defendants appears on advance notice and accepts notice on behalf of all defendants.

Written statement(s) to the suit and reply(ies) to the application(s) be filed by the defendants within thirty days from the date of receipt of summons. The defendants shall also file the affidavit of admission/denial of the document filed by the plaintiff, failing which the written statement(s) shall not be taken on record.

The plaintiffs are at liberty to file replication(s) to the written Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:18.06.2022 20:29:52 statement(s) and rejoinder(s) to the reply(ies) filed by the defendant(s) before the next date of hearing following the filing of the written statement(s)/reply(ies). The replication(s) shall be accompanied by the affidavit of admission/denial in respect of the documents filed by the defendant(s), failing which the replication(s) shall not be taken on record.

If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

Learned counsel for plaintiff submits that his objection regarding acceptance of summons on behalf of defendant No.1 may be recorded.

List along with connected suit CS(OS) No. 372/2022 on 29.06.2022, at request of counsel for plaintiffs.

ANOOP KUMAR MENDIRATTA, J (VACATION JUDGE) JUNE 17, 2022/ik Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:18.06.2022 20:29:52