Delhi High Court - Orders
151 Cpc For Permission To File The ... vs Bhan Singh & Ors on 28 September, 2021
Author: Asha Menon
Bench: Asha Menon
$~Suppl.-6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 462/2021, I.As.12589/2021 (by plaintiffs under Section
151 CPC for permission to file the original plaint of suit no.
57734/2016 returned under Order VII Rule 10 CPC by the court of
Sh. Mukesh Kumar, Ld. ADJ-02, Patiala House Court, New Delhi
vide order dated 02.05.2017), 12590/2021 (by plaintiffs under
Section 151 CPC for directions to the civil record room, district
court, Patiala House Court New Delhi to transmit the entire
original record of suit No. CS 73/2016, titled as "Yudhvir Malik &
Ors. vs. Bhan Singh & Ors." to this Hon'ble Court), 12591/2021
(by plaintiffs under Section 5 read with Section 14 of Limitation
Act for condonation of delay in presenting the plaint returned vide
order dated 02.05.2017) & 12592/2021(by plaintiffs under Section
5 of limitation act for condonation of delay in re-filing the plaint)
YUDHBIR MALIK & ORS. ..... Plaintiffs
Through: Mr. Arvind Kumar Gupta,
Advocate
versus
BHAN SINGH & ORS. ..... Defendants
Through: None.
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 28.09.2021
[VIA VIDEO CONFERENCING]
CS(OS) 462/2021, I.As.12589/2021 (By plaintiffs under Section 151 CPC for permission to file the original plaint of suit no. 57734/2016 returned under Order VII Rule 10 CPC by the court of Sh. Mukesh Kumar, Ld. ADJ-02, Patiala House Court, New Delhi vide order Signature Not Verified Signed By:MANJEET KAUR CS(OS) 462/2021 Page 1 of 3 Signing Date:28.09.2021 22:04:43 dated 02.05.2017), 12590/2021 (By plaintiffs under Section 151 CPC for directions to the civil record room, district court, Patiala House Court New Delhi to transmit the entire original record of suit No. CS 73/2016, titled as "Yudhvir Malik & Ors. vs. Bhan Singh & Ors." to this Hon'ble Court), 12591/2021 (by plaintiffs under Section 5 read with Section 14 of Limitation Act for condonation of delay in presenting the plaint returned vide order dated 2.5.2017) & 12592/2021(By plaintiff under Section 5 of limitation act for condonation of delay in re-filing the plaint)
1. The plaint be registered as a suit.
2. This suit has been filed by the plaintiffs for possession and permanent injunction. Mr. Arvind Kumar Gupta, learned counsel for the plaintiffs submits that initially this suit had been filed before the District Court and after amendment in the valuation of the suit, the plaintiffs were required to file the suit before this court. The suit is also accompanied with application for condonation of delay in filing as well as re-filing the plaint.
3. Issue summons in the suit and notices in the applications to the defendants by all permissible modes, returnable before the Joint Registrar.
4. The summons shall indicate that the written statement(s) to the suit and reply(ies) to the application(s) be filed by the defendant(s) within thirty days from the date of receipt of the summons. The defendant(s) shall also file the affidavit of admission/denial of the document(s) filed by the plaintiff(s), failing which the written statement(s) shall not be taken on record.
Signature Not Verified Signed By:MANJEET KAUR CS(OS) 462/2021 Page 2 of 3 Signing Date:28.09.2021 22:04:435. The plaintiffs at liberty to file replication(s) to the written 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.
6. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
7. List before the Joint Registrar on 15th December, 2021 for completion of service and pleadings.
8. The order be uploaded on the website forthwith.
ASHA MENON, J SEPTEMBER 28, 2021 pkb Signature Not Verified Signed By:MANJEET KAUR CS(OS) 462/2021 Page 3 of 3 Signing Date:28.09.2021 22:04:43