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DELHI HIGH COURT
PRATHIBA M.SINGH
Hari Ram – Appellant
Versus
Lekhi Ram – Respondent


JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.

CM APPL. 44542/2021 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of.

CRP 94/2021 & CM APPL. 44541/2021 (for stay)

3. The Petitioner/Defendant (hereinafter "Defendant") assails the order dated 9th September, 2021, passed by the ADJ, South West Dwarka, New Delhi (hereinafter "Trial Court") in CS No. 10291/2016 titled Lekhi Ram v. Hari Ram. Vide the said order, an application under Order VI Rule 17 CPC seeking amendment in the original plaint filed by the Plaintiff/Respondent (hereinafter "Plaintiff"), has been allowed by the Trial Court, subject to cost of Rs. 20,000/-to be deposited by the Plaintiff. The observations of the Trial Court are as under:

    "1. Vide this order Application under O.6 R. 17 CPC is being disposed.

    Plaintiff is seeking incorporation of Property bearing No.165B Masjid Moth for Partition in the suit which was only for property No.180 Masjid Moth. Correction in the no. of 180 Masjid Moth is also prayed as 180 B.

    Plaintiff had filed before Hon'ble High court

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