Delhi High Court - Orders
Xxxix Rules 1 & 2 Read With Section 151 Cpc ... vs Sudesh Lamba & Ors on 8 September, 2021
Author: Asha Menon
Bench: Asha Menon
$~A-8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 183/2021, I.As.4499/2021 (by the plaintiff under Order
XXXIX Rules 1 & 2 read with Section 151 CPC for injunction),
9261/2021 (by the defendant no. 2 under Order 1 Rule 10(2) read
with Section 151 of the CPC for transposing defendant no. 2 as
plaintiff No.2.) & 9262/2021(by the applicant for exemption from
filing signed/attested affidavit on behalf of the petitioner/deponent
due to the ongoing covid-19 pandemic)
MANJU CHAUDHARY ..... Plaintiff
Through: Mr. Manuj Aggarwal, Mr. Dinesh
Rastogi & Ms. Mehak Dogra,
Advocates.
versus
SUDESH LAMBA & ORS. ..... Defendants
Through: Mr. Ved Prakash Sharma & Ms.
Abha Sharma, Advocates for D-1
& D-3 to D-6.
Mr. Sanjoy Ghosh, Sr. Advocate
with Ms. Sudershani Ray & Ms.
Drishti Mittal & Mr. Naman Jain,
Advocates for D-2.
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 08.09.2021
1. On 13th July, 2021, after hearing the submissions on the maintainability of the present suit and also recording that no summons have been issued in the suit, the court had listed the matter for 30th July, Signature Not Verified Signed By:MANJEET KAUR CS(OS) 183/2021 Page 1 of 2 Signing Date:08.09.2021 20:32:54 2021, on request of learned counsel for the plaintiff, who submitted that he requires instructions from his client.
2. Today, Mr. Manuj Aggarwal, learned counsel for the plaintiff, submits that his instructions are to proceed further with the suit. In the meantime, an application being I.A. 9261/2021 under Order I Rule 10(2) CPC has been filed on behalf of defendant No.2 for transposing defendant No.2 as plaintiff No.2. However, since the question of maintainability of the suit will have to be re-heard by this court, the application (I.A. 9261/2021), will have to await the orders on the maintainability of the suit.
3. It is considered apposite to send the parties for mediation, as the parties are sisters and with some sense of accommodation, it is possible that an amicable settlement be worked out.
4. The parties are directed to appear before the Secretary, Delhi High Court Mediation and Conciliation Centre, on 14th September, 2021 at 4:00 PM, either physically or through videoconferencing, for assignment of a senior Mediator, as requested by the parties.
5. This order is being passed without prejudice to the rights and contentions of the parties.
6. List before court on 24th November, 2021 for awaiting the report of the Mediator.
ASHA MENON, J SEPTEMBER 08, 2021 ck Signature Not Verified Signed By:MANJEET KAUR CS(OS) 183/2021 Page 2 of 2 Signing Date:08.09.2021 20:32:54