6
CS143/24
Smt Laxmi And Anr Vs. Sanjay And Ors
06.09.2024
Present: Plaintiff with Ld. Counsel Sh. S.G. Goswami.
Ms. Pooja Kumari Ld. Counsel for D-1 through VC.
Defendant no.5 in person.
Vakalatnama on behalf of defendant no.5 Purushottam
Gupta has already been filed on 05.09.2024.
It is observed that amended memo of parties filed by
plaintiff is defective. On court query, Ld. Counsel for plaintiff orally
submits that he wish to delete defendant no.2 (Late Smt. Geeta) and
defendant no.3 (Kamal Kishore) from the array of the parties since these
two defendants are not in possession of the suit property.
In view of the submissions made by Ld. Counsel for
plaintiff, the names of defendant no.2 (Late Smt. Geeta) and defendant
no.3 (Kamal Kishore) are deleted from the array of the parties. Amended
memo of parties in this regard has already been taken on record.
It is further submitted by Ld. Counsel for plaintiff that
inadvertently, he has wrongly mentioned suit for ‘partition, possession
and permanent injunction’ instead of suit for ‘possession and permanent
injunction’ in the Index filed with the plaint and seeks the permission to
file it a fresh.
Heard and allowed.
It is observed that in the present case an application u/o 33
r/w Sec. 151 CPC is pending adjudication.
A report regarding indigency for financial status of the
plaintiffs be called from concerned SDM.
Copy of application u/o 33 Rule 1 r/w section 151 of CPC be
sent alongwith copy of this order.
Process issued to defendant no.3 received back with the
report ‘served through his wife’.
An application to file fresh address of defendant is disposed
off being allowed.
Put up for report of SDM concerned on 21.10.2024.
(Pooja Jain)
District Judge-03/NB
East/KKD Courts/Delhi
06.09.2024