Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Purushaindra Kumar Kaurav
Namita Singh – Appellant
Versus
CS(OS) 197 of 2025, I.A. 7999 of 2025, I.A. 8000 of 2025 and I.A. 8002 of 2025 – Respondent
ORDER :
I.A. 8001/2025 (Exemption)
1. Plaintiff shall file legible/original/certified and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
2. The application for exemption is allowed, subject to the plaintiff granting inspection of the documents filed, as and when required to do so, or filing the original documents at the stage of admission/denial.
3. The application stands disposed of.
I.A. 8002/2025 (under Section 5 of Limitation Act read with Section 151 CPC, 1908 for condonation of delay in refilling the suit)
4. For the reasons stated in the application, delay in re-filing the suit stands condoned.
5. In view of the aforesaid, the application stands disposed of.
CS (OS) 197/2025
6. Heard.
7. The instant civil suit is for the following relief:-
"a) Pass a decree of declaration in favour of the plaintiffs and against the defendant thereby declaring that as per the oral family settlement as arrived between the parties to suit, the plaintiffs are the owner of the suit property bearing Flat no.E-701, Shri Sai Baba Apartment, Sector-9, Rohini, Delhi.
b) pass a decree of mandatory injunction in favour of the plaintiff and against the defendant
The court condoned the delay in re-filing the suit under Section 5 of the Limitation Act, emphasizing compliance with procedural rules for document filing.
The court emphasized compliance with procedural rules for the registration of the suit and issuance of summons to ensure fair proceedings.
The court emphasizes the importance of procedural compliance in civil suits, particularly regarding document submission and timely responses from defendants.
The court affirmed the maintainability of the suit under the Commercial Courts Act, emphasizing compliance with mediation requirements and procedural rules for document submission.
The court granted exemption from pre-institution mediation and allowed filing of additional documents due to the urgent nature of the suit, emphasizing procedural compliance.
The court allowed the amendment of plaint and impleading of a new plaintiff, emphasizing the enforceability of agreements and the protection of rights under the doctrine of lis pendens.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
