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High Court of DelhiCM(M)/188/2016

Ravinder Kr Malhotra (Partner M/S Shakti Enterprises) v. Shashi Kumari Kaintal

2016-02-24Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 188/2016 RAVINDER KR MALHOTRA (PARTNER M/S SHAKTI ENTERPRISES) ..... Petitioner Through Mr.Rajesh Gogna, Advocate.

versus SHASHI KUMARI KAINTAL ..... Respondent Through Nemo.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 24.02.2016 C.M. No.6815/2016 (exemption) C.M. No.6816/2016 (exemption) Exemption is allowed subject to just exceptions. Applications disposed of.

CM(M) 188/2016 Petitioner is aggrieved by the order dated 21.11.2015 vide which his application seeking amendment in the written statement had been declined.

The proceedings pending before the Trial Court were eviction proceedings filed by the landlord under Section 14(1)(e) of the Delhi Land Control Act. It was after the evidence of the landlord had been concluded that the present application under Order VI Rule 17 of the CPC (dated 18.3.2015) had been filed. The Trial Court was of the view

that the details of the subsequent events sought to be placed on record did not find mention in the application; the dates were specific; moreover, the evidence of the defendant was yet to be carried out and it was upon for the defendant to adduce the so-called subsequent facts in the defendant evidence. This petition is disposed of with liberty granted to the petitioner (defendant in the Trial court) to adduce evidence to substantiate the averments in the aforenoted application. Petition disposed of.

INDERMEET KAUR, J FEBRUARY 24, 2016 ndn