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Kunal Gaur & Ors vs Nirmala Sharma & Ors on 18 July, 2022

                          $~9
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CS(OS) 322/2017 & I.As. 7865/2017, 10812-10813/2017,
                                16214-16217/2019

                                KUNAL GAUR & ORS                                 ..... Plaintiffs
                                            Through:            Ms. Jyoti Mendiratta & Ms.
                                                                Neharika Modgil, Advocates
                                                   versus

                                NIRMALA SHARMA & ORS                 ..... Defendants
                                              Through: Mr. Pawan K Bahl, Advocate
                                                       for      D-1         to      5
                                                       (Ed:[email protected])
                                CORAM:
                                HON'BLE MS. JUSTICE MINI PUSHKARNA
                                                   ORDER

% 18.07.2022 I.A. 16216/2019

1. This is an application on behalf of the plaintiff under Order VII Rule 14(3) CPC for grant of leave to file certain additional documents. As per the application, the plaintiff is seeking to produce the copy of the MoU dated 15.01.1997 and copy of the plaint in CS(OS) No. 1594/2005, titled Suraj Mal Vs. Smt. Nirmala Devi & Ors. 2 Counsel for defendant nos. 1 to 5 submits that he has no objection to the present application being allowed.

3. In view of the aforesaid, present application is allowed and the additional documents as aforesaid are allowed to be taken on record.

4. Application is disposed of.

I.A. 16217/2019 (u/O VIII Rule 1A CPC read with Section 151 CPC)

5. This is an application under Order VIII Rule 1 A CPC read with Section 151 CPC on behalf of the defendant nos. 1 to 5.

6. As per the present application it is submitted that majority of the documents material to the present suit were filed in the earlier suit, i.e., CS (OS) no. 2395/2007. Thus, the defendants seek leave to file all the documents as mentioned in the written statement and applications filed by the defendants in CS (OS) 2395/2007. It is submitted that the said documents have already been filed vide diary no. 1240356 dated 22.10.2019. Thus, there is a prayer that the said documents be taken on record. Counsel for the plaintiff submits that she has no objection if the present application is allowed.

7. In view thereof, the present application is allowed and the additional documents as aforesaid, as filed by the defendant nos. 1 to 5 are taken on record.

8. Application is disposed of.

I.A. 16214/2019 ( u/O XI Rules 12 & 14 CPC read with Section 151 CPC for discovery and production of documents in power and possession of the defendant nos. 1 to 5)

9. This is an application on behalf of the plaintiffs under Order XI Rules 12 & 14 CPC for discovery and production of documents in power and possession of the defendant nos. 1 to 5.

10. Counsel for the defendants submits that reply to the same has been filed, however, the same is under objection. Let the counsel for the defendants remove the objections and copy of the reply be placed on record.

11. List before the Joint Registrar for admission/denial and completion of pleadings on 25.08.2022.

12. List before the Court on 26.09.2022.

MINI PUSHKARNA, J JULY 18, 2022 au Signature Not Verified Digitally Signed By:PREETI Signing Date:22.07.2022 16:44:08