Rakshvir Apartments Pvt. Ltd. & Anr. v. Usha Dua & Ors.
Case brief
What is this about?
This order disposes of appeals against an impugned single judge order regarding amendment of plaints in two civil suits. The court allowed amendments to implead new defendants in one suit while disallowing specific prayer amendments. It clarified that the order did not apply to the second suit, leaving that for decided separately.
What did the court decide?
Amendments allowing impleadment of Ravinder Rastogi and Ali Jamal Kidwai allowed in CS(OS) No.2114/2003; prayer clause amendment disallowed; order applied only to first suit.
What the court decided
Signature Not Verified Digitally Signed FAO (OS) No. 106/2015 & By:AM UL YA
7
- FAO(OS) 107/2015 & CM No.4172/2015 GUNJA INTERNATIONAL LTD AND ANR Appellants Represented by: MrJagdeep Kishore, Adv.
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
- FAO(OS) 119/2015 & CMNo.4550/2015
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:
Issues for consideration
3 issues framed by the court
Whether amendments to plaints in civil suits allowing impleadment of new defendants should be allowed despite procedural irregularities in the lower impugned order.
Whether an order allowing amendments in one suit automatically extends to a related suit instituted by a co-complainant.
How the impleadment of new defendants affects the timeline for issuing summons and filing replications.
Parties & counsel
- appellant
Gunja International Ltd. and others
- appellant
Rakshvir Apartments Pvt Ltd. and another
- respondent
Narender Kumar Dua
- respondent
Usha Dua
Coram
Case details
As recorded by the court registry
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