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Shiv Kumar Jatia vs Ramesh Jatia on 14 May, 2019

Author: Rajiv Sahai Endlaw

Bench: Rajiv Sahai Endlaw

$~5
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      CS(OS) 2097/2013 & IAs No.17431/2013 (u/O XXXIX R-1&2 CPC),
       1267/2014 (of defendant u/O VII R-11 CPC), 1268/2014 (of
       defendant u/O XXXIX R-4 CPC), 1919/2015 (of defendant u/S 151
       CPC) & 6994/2019 (of defendant u/O VIII R-1A(3) CPC)

       SHIV KUMAR JATIA                                          ..... Plaintiff
                    Through:             Ms. Ashna Abrol, Adv.

                                    Versus
       RAMESH JATIA                                         ..... Defendant
                           Through:      Mr. Harish Malhotra, Sr. Adv. with
                                         Mr. N.P. Singh and Ms. Anupama
                                         Kaul, Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
                         ORDER

% 14.05.2019

1. IA No.1267/2014 of the defendant under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) is for consideration.

2. Ms. Ashna Abrol, Advocate appearing for the plaintiff states that Mr. Sudhir Kumar, Advocate for the plaintiff has suffered a shoulder injury.

3. The senior counsel for the defendant, under instructions states that a request was received from the advocate for the plaintiff to agree to adjournment for today on the ground of Mr. Rakesh Tiku, Senior Advocate being not available for the reason of Bar Elections and which request was not acceded to because Mr. Rakesh Tiku, Senior Advocate has never appeared in the past in this suit. He thus states that the reason today given before this Court is not correct.

4. Ms. Ashna Abrol, Advocate for the plaintiff conveniently states that she is not aware whether Mr. Sudhir Kumar, Advocate had made any such request to the counsel for the defendant.

5. Today‟s adjournment is granted subject to the plaintiff paying costs of Rs.50,000/- to the counsel for the defendant.

6. The defendant has filed IA No.6994/2019 for placing on record the certified copies of the orders of the Competent Authority under the Punjab Land Revenue Act, 1887.

7. It is not necessary to call for reply to IA No.6994/2019.

8. On assurance that under the said application only certified copies of the pleadings and orders of the court of Competent Authority are sought to be placed and not other documents, IA No.6994/2019 is allowed and disposed of.

9. List on 22nd August, 2019.

RAJIV SAHAI ENDLAW, J.

MAY 14, 2019 „bs‟..