Suspends Single Judge to decide applications for amendment in the suit filed by the respondent against appellants which were not part of the composite order before the court.
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Signature Not Verified Digitally Signed FAO (OS) No. 106/2015 & By:AM UL YA
7
versus
NARINDER KUMAR DUA AND ORS Respondents Represented by: Mr.Ashish Mohan, Mr.Dhmv Madan and Mr.Akshay Malik, Advs. forR-1. None for R-2 Mr.J.P.Sengh, Sr.Adv. instructed by Mr.Akhilesh Arora, Adv. for R-3 & 4
AND
RAKSHVIR APARTMENTS PVT LTD & ANR Appellants Represented by: Mr.J.P.Sengh, Sr.Adv. instructed by Mr.Akhilesh Arora, Adv.
versus
NARINDER KUMAR DUA & ORS Respondents Represented by: Mr.Ashish Mohan, Mr.Dhmv Madan and Mr.Akshay Malik, Advs. forR-1. Mr.Jagdeep Kishore, Adv. for R-2 & 3 None for R-4
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA
FAO (OS) No. 106/2015 & conn.matters
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ORDER
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19.01.2016
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FAO (OS) No. 106/2015 & conn.matters
Page 3 of 5
further amendments in the pleadings and the prayers.
FAO (OS) No. 106/2015 & conn.matters
Page 4 of 5
1^
recording that it has been passed in CS(OS) No.2114/2003 and CS(OS) No.2151/2003. However, the two applications under Order 6 Rule 17 which have been disposed of have been filed only in CS(OS) No.2114/2003 and, therefore, under strength of the impugned order there would be no question of allowing any amendment to CS(OS) No.2151/2003.
PRAD EEP NAPWRAJOG, J.
MUKTA GUPTA, J.
JANUARY 19, 2016 rb
Page 5 of 5
FAO (OS) No. 106/2015 & conn.matters
3 issues framed by the court
Whether the impugned order allowing amendment in one suit can be applied to a composite order covering two identical suits.
Whether applications for amendment of plaint instituted only in a specific suit can dispose all related pending appeals.
Whether defendants to be impleaded upon amendment require summons by the Single Judge.
1 provisions across 1 enactments
Gunja International Ltd & Anr
Rakshivir Apartments Pvt Ltd & Anr
Narinder Kumar Dua & Ors
Pradeep Nandrajog
Mukta Gupta
As recorded by the court registry
An appeal to a Division Bench against an order made by a single judge on the original side of the High Court.
Judgements on the same questions, provisions and authorities, from every court
