Delhi District Court
Suit For Declaration Regrarding Name Of vs . on 16 July, 2016
Civil Suit no. 184/15
IN THE COURT OF Ms. TANVI KHURANA, CIVIL JUDGE01 (South)
SAKET COURTS NEW DELHI
In the Matter of:
Civil Suit No. 184/15
Mr. BHUPENDER
S/O SH. GAJANAND,
R/O B155A, TIGRI EXTN.,
NEW DELHI62
Versus.
C.B.S.E. DELHI
R. O. DELHICTET UNIT/ FOREIGN SCHOOLS,
PS12, INSTITUTIONAL AREA,
NEAR VICTOR PUBLIC SCHOOL,
PATPARGANJ, DELHI110092
SUIT FOR DECLARATION REGRARDING NAME OF PLAINTIFF
Re: Application under Order I Rule 10, CPC, 1908.
Present: None.
ORDER:
By this order, this court shall proceed to decide the application filed by the plaintiff seeking the change of his name through the application under Order I Rule 10 Code of Civil Procedure, 1908. It is prayed that the plaintiff has now changed his name to Mr. Avinash Paridwal from Mr. Bhupender and therefore, he wants to amend the memorandum of parties to substitute his correct name i.e. Mr. Avinash Paridwal in place of Mr. Bhupender.
2. Submissions heard. Record perused.
Mr. Bhupender Vs. C.B.S.E, Delhi & Ors. Page 1 of 5 Civil Suit no. 184/153. There is no provision in law to change the name though under Order I Rule 10 (2) CPC allows the deletion or substitution of the name in case it is inadvertently mentioned incorrectly. However, as in this matter, the plaintiff is seeking the change in his name hence, owing to the peculiarity, the application is allowed and for further reference, his name may be referred as Mr. Bhupender @ Mr. Avinash Paridwal. Application is accordingly allowed.
(TANVI KHURANA) Civil Judge01 (South) Saket Courts/New Delhi 16.07.2016.
Note: All the two pages of this order have been checked and signed.
(TANVI KHURANA) Civil Judge01 (South) Saket Courts/New Delhi 16.07.2016.
Mr. Bhupender Vs. C.B.S.E, Delhi & Ors. Page 2 of 5 Civil Suit no. 184/15IN THE COURT OF Ms. TANVI KHURANA, CIVIL JUDGE01 (South) SAKET COURTS NEW DELHI In the Matter of:
Civil Suit No. 184/15Mr. BHUPENDER S/O SH. GAJANAND, R/O B155A, TIGRI EXTN., NEW DELHI62 Versus.
C.B.S.E. DELHI R. O. DELHICTET UNIT/ FOREIGN SCHOOLS, PS12, INSTITUTIONAL AREA, NEAR VICTOR PUBLIC SCHOOL, PATPARGANJ, DELHI110092 SUIT FOR DECLARATION REGRARDING NAME OF PLAINTIFF Re: Application under Order VI Rule 17, CPC, 1908.
Present: None. ORDER:
By this order, this court shall proceed to decide the application filed under Order VI Rule 17, Code of Civil Procedure 1908 by the plaintiff seeking amendment in the plaint to incorporate the subsequent facts.
2. It is submitted that the applicant/ plaintiff has filed the present suit seeking mandatory injunction and declaration. Now that the applicant has got the publication of the change in name effected in the Gazette of India on September 511, 2015 and therefore, at all places the plaintiff seeks his name to be mentioned Mr. Bhupender Vs. C.B.S.E, Delhi & Ors. Page 3 of 5 Civil Suit no. 184/15 as Mr. Avinash Paridwal instead of Mr. Bhupender. He also wishes to incorporate the fact that the publication has been duly published in the Gazette of India. It is also mentioned through this application that the plaintiff had approached defendant no.1 in month of October, 2014 to change his name and this fact is also sought to be incorporated in the plaint. Necessary changes in the valuation paragraph are also sought.
3. Reply was not filed but oral arguments contesting the application were advanced. Defendant no.1 contested the application filed on the ground that the plaintiff was already aware about all these changes and they are not relevant for disposal of the present application.
4. I have heard the submissions advanced by both the counsel for plaintiff and defendant no.1. I have also gone through the relevant case record for disposal of the present application.
5. This is the second application for amendment filed by the plaintiff within short duration. The plaintiff was always aware about the fact that he wishes to change his name to Mr. Avinash Paridwal and should have taken appropriate steps at the time of filing the plant itself.
6. Be that as it may, the issues have already been framed in the present matter rather as the maintainability of the matter was under challenge, the arguments on preliminary issue were scheduled in the date fixed when the application was filed. Though the fact that the plaintiff had approached the defendant no.1 in November, 2014 is important for the disposal of the real controversy and to bring to it to the forefront but the other amendments sought of changing the name is highly uncalled for. Be that as it may, the subsequent events Mr. Bhupender Vs. C.B.S.E, Delhi & Ors. Page 4 of 5 Civil Suit no. 184/15 of publication in the schedule is also important and needs to be incorporated in the plaint. In interest of justice, the application seeking amendment is hereby allowed.
The amended plaint is taken on record. (TANVI KHURANA) Civil Judge01 (South) Saket Courts/New Delhi 16.07.2016.
Note: All the three pages of this orderhave been checked and signed.
(TANVI KHURANA) Civil Judge01 (South) Saket Courts/New Delhi 16.07.2016.
Mr. Bhupender Vs. C.B.S.E, Delhi & Ors. Page 5 of 5