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2010 Supreme(Del) 1156

S.MURALIDHAR
Mohit Kumar – Appellant
Versus
Himalayan Institute Hospital Trust – Respondent


Advocates Appeared:
Mr. Jayant Bhushan, Senior Advocate with Mr. Sanjeev Aggarwal and Mr. Gautam Talukdar, Advocates for the Respondent.

S. Muralidhar, J.

1. The Petitioner has challenged an order dated 28th November 2007 passed by the learned Additional District Judge (`ADJ') allowing an application filed by the Respondent/Plaintiff under Order VI Rule 17 of the Code of Civil Procedure, 1908 (`CPC') to permit an amendment in the plaint in OS No. 231 of 2003 (renumbered as OS No. 280 of 2005). The Petitioner has also challenged the subsequent order dated 26th February 2008 passed by the learned ADJ declining to recall the order dated 28th November 2007 as well as an order dated 28th February 2008 directing the framing of the issues. An order dated 3rd December 2007 taking on record the amended plaint and fixing the matter for admission/denial of the documents and for framing of issues has also been challenged.

2. The above suit OS No. 231 of 2003 (renumbered as OS No. 280 of 2005) was originally filed in this court by the Respondent/Plaintiff Society (`Society') for "declaration, recovery of possession, mesne profits and damages." The averments in the plaint, which was filed on 7th January 2003, was that the Society was having its administrative office at 704, Sarvpriya Apartments, Sarvpriya Vihar, New Delhi-110016 (`

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