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2013 Supreme(Del) 1109

HIMA KOHLI
Sunshine India Pvt. Ltd. – Appellant
Versus
Bhai Manjit Singh(Huf) – Respondent


Advocate Appeared:
For the Plaintiff:P.V. Kapur, Sr. Advocate with Sudhir Makkar, Aman Anand, Sidhant Kapur, Advocates.
For the Defendants:D1 & D3, Arvind Nigam, Sr. Advocate with Arun Arora, D2 & D4, Amit Sibal, Alok K. Aggarwal, Apoorv Karup, D5, Pratyush Sharma, Ms. Sadhana Sharma, Jatan Singh (CGSC), Tushar Singh, Jaswinder Singh, Vivek Sood, ASC for NDMC with Ms. Janhavi Mahane, Advocates.

Judgment :

Hima Kohli, J.

1. The plaintiff company has filed I.A.No.8859/2012 under Order VI Rule 17 of the Code of Civil Procedure (for short ‘the Code’) praying inter alia for permission to amend the plaint by incorporating fifteen paragraphs, after the existing para 27 of the plaint, by substituting the cause of action para with paras 28-A to 28-C and the existing para 30 pertaining to court fees and jurisdiction with the proposed para 30 and finally, by asking for additional relief and adding two prayer clauses, i.e., prayer clauses (C-1) and (C-2). In I.A.No.17901/2011 filed by the plaintiff under Order 1 Rule 10 C.P.C., permission has been sought to implead L&DO and NDMC as defendants No.6 & 7 in the memo of parties.

2. As the present case has a chequered history, a brief reference to the relevant facts leading to filing of this application by the plaintiff, is considered necessary.

3. On 27.9.2011, the plaintiff company had instituted the present suit against the defendant No.1[Bhai Manjit Singh(HUF)], defendant No.2 (Mrs.Maheep Manjit Singh), defendant No.3 (Mr.Vikram Jeet Singh), defendant No.4 (Mr.Mohan Jeet Singh) and defendant No.5(Bhai Manjit Singh) praying inter alia















































































































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