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DELHI HIGH COURT
MINI PUSHKARNA
Ashok Kumar – Appellant
Versus
Munni Devi – Respondent
| Table of Content |
|---|
| 1. facts about the plaintiffs' claims and defendants' responses. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. provisions on pleadings from cpc. (Para 8 , 9 , 10 , 11 , 12) |
| 3. amendments and new pleadings related to suit possession. (Para 14 , 15 , 16) |
| 4. consistency in pleadings and striking out of amendments. (Para 20 , 21 , 22) |
| 5. application denial. (Para 24) |
JUDGMENT
Mini Pushkarna, J.
I.A. 7866/2019 [under Order VI Rule 7, Order VI Rule 16 read with Section 151 of CPC for striking out the pleading (written statement) and to return the written statement filed by the defendant]
1. This application has been filed on behalf of the plaintiffs with prayer for returning back the written statement filed by the defendant No.3 and calling upon the defendant No.3 to file fresh written statement.
2. It is the case of the plaintiffs that the present suit was filed for declaration and permanent injunction initially before ld. District Judge, Delhi. The defendants herein had filed their respective written statements. Subsequently vide order dated 17.05.2003, ld. ADJ had framed issues, including Preliminary Issue no.1 which read as under:
"Whether the present suit is barred by the provision
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