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2023 Supreme(Del) 5490

MANMEET PRITAM SINGH ARORA
Central Bank of India – Appellant
Versus
Nirmal Kumar – Respondent


Advocates appeared:
Mr. Jaswinder Singh, Advocate, for the Petitioner.
Mr. R.K. Aggarwal, Ms. Gayatri Aggarwal, Mr. Ayush Agrawal, Advocates, for the Respondents.

JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral) - This petition filed under Article 227 of Constitution of India impugns the order dated 17.01.2023 passed by the ADJ-11, Central District, Tis Hazari Courts, Delhi (`Trial Court') in CS DJ No. 614999/2016, titled as `Nirmal Kumar and Ors. v. Central Bank of India', whereby the Respondent No.1's application under Section 151 of Code of Civil Procedure, 1908 (`CPC') seeking amendment of the plaint was allowed.

2. The said application under Section 151 of CPC was filed in view of the fact that the Respondent No.1 inadvertently failed to incorporate the original prayer (a) of the unamended plaint, in the amended plaint filed on 24.04.2007 in pursuance of the Respondent No.1's application under Order VI Rule 17 of CPC and allowed by the Trial Court on 23.05.2004.

2.1. The Petitioner is defendant no.1 and Respondent nos. 1, 2 and 3 are the plaintiff nos. 1, 2 and 3. The remaining defendants have been proceeded ex-parte before the Trial Court. For ease of reference, the parties are being referred to by their original rank and status as is before the Trial Court.

2.2. The civil suit was initially filed on 24.04.2007 seeking relief of declaration

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