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IN THE HIGH COURT OF DELHI AT NEW DELHI
Purushaindra Kumar Kaurav
Raj Kumar Mittal – Appellant
Versus
Baldev Kumar – Respondent
ORDER :
I.A. 8058/2025 (under Order VI Rule 17 read with Order I Rule 10, CPC, 1908 for amendment of plaint and for impleading Mrs. Anupama Mittal, as plaintiff No.2)
1. Heard.
2. For the reason stated in the application, the same is allowed and the plaintiff is permitted to incorporate the amendment, as stated in the application.
3. In addition, the plaintiff is also permitted to implead Mrs. Anupama Mittal, as plaintiff No.2.
4. Let the amended plaint be placed on record within two working days from today, specifically highlighting the paragraphs permitted to be amended by the order passed hereinabove.
I.A. 7349/2025 (Exemption)
5. Plaintiff shall file legible/original/certified and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
6. 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.
7. The application stands disposed of.
CS(OS) 178/2025
8. Heard.
9. The instant civil suit is for the following relief:-
a) " Pass a decree of declaration that the Agreement to Sell dated 29.12.2021 in fav
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.
The court emphasizes the importance of procedural compliance in civil suits, particularly regarding document submission and timely responses from defendants.
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 affirmed the maintainability of the suit under the Commercial Courts Act, emphasizing compliance with mediation requirements and procedural rules for document submission.
The court's decision emphasized that an amendment under Order VI Rule 17 of CPC should not change the nature or character of the suit or its cause of action.
Procedural rules should facilitate justice, allowing for the admission of necessary documents and clarifying criteria for adding parties.
Amendments to pleadings under Order VI Rule 17 of the CPC should be permitted liberally when they arise from the same facts and are filed within the limitation period, without changing the fundamenta....
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