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High Court of DelhiCS(OS)/25/2018

Mrs Chandan Aggarwal & ANR v. Mr. Arvind Aggarwal

2018-03-19Hon'Ble Mr. Justice Rajiv Sahai Endlaw2 pages

$~20&21 * IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 249/2017 & IA No.6635/2017 (u/O XXXIX R-1&2 CPC) ARVIND AGGARWAL ..... Plaintiff Through:

Mr. Sumit Chander & Mr. Jatin Chaudhary, Advs.

Versus

CHANDAN AGGARWAL & ANR ..... Defendants Through:

Mr. Jagjit Singh, Mr. Narayandev Parashar & Mr. Preet Singh, Advs.

AND + CS(OS) 25/2018 & IA No.1023/2018 (u/O XXXIX R-1&2 CPC) CHANDAN AGGARWAL & ANR ..... Plaintiffs Through:

Mr. Jagjit Singh, Mr. Narayandev Parashar & Mr. Preet Singh, Advs.

Versus

ARVIND AGGARWAL ..... Defendant Through:

Mr. Sumit Chander & Mr. Jatin Chaudhary, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 19.03.2018 1.

This order is in continuation of order dated 22nd January, 2018 in CS(OS) No.25/2018.

2.

The counsel for the plaintiffs in CS(OS) No.25/2018 withdraws CS(OS) No.25/2018 with liberty to amend the written statement in CS(OS) No.249/2017 to make the counter-claim therein as made in CS(OS) No.25/2018.

3.

The counsel for the plaintiff in CS(OS) 249/2017 has no objection. 4.

Thus CS(OS) No.25/2018 is dismissed as withdrawn. CS(OS) 249/2017 & CS(OS) 25/2018

5.

The filing of an application by the defendants in CS(OS) No.249/2017 for amendment of their written statement to make a counter-claim therein is waived and the defendants in CS(OS) No.249/2017 are permitted to file their amended written statement only to include the claim as made in CS(OS) No.25/2018 within two weeks of today with advance copy to the counsel for the plaintiff in CS(OS) No.249/2017. 6.

The replication / written statement to the counter claim if any be made within further four weeks thereafter.

7.

The parties to file affidavits of admission / denial of each others' documents before the next date of hearing.

8.

List CS(OS) No.249/2017 for framing of issues if any and for consideration of pending applications on 5th September, 2018. 9.

It is clarified that the defendants in CS(OS) No.249/2017 in the amendment shall also be entitled to make a claim for partition of any other properties claimed to be joint.

RAJIV SAHAI ENDLAW, J MARCH 19, 2018 'gsr'..

CS(OS) 249/2017 & CS(OS) 25/2018