Shri Pramod Khanna And Anr. vs Shri Subodh Khanna And Anr.
2010 Latest Caselaw 5178 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      FAO (OS) No. 479-80/2010 & CM No. 13144/2010 (Stay)



%                                  Reserved on: 22nd September, 2010

                                   Decided on:   12th November, 2010

1.     Shri Pramod Khanna

2.     Smt. Kiran B. Khanna

       Both R/o D-9, Hauz Khas,
       New Delhi-110 016.                            ..... Appellants
                        Through:    Mr. Sandeep Aggarwal and Mr. K.A.
                                    Singh, Advocates.

                      versus


1.     Shri Subodh Khanna

2.     Smt. Ruby Khanna

       Both R/o S-438, Ground Floor,
       Greater Kailash-II,
       New Delhi-110 048.                           ..... Respondents
                         Through: Mr. G.D. Chopra, Advocate.


Coram:
HON'BLE MR. JUSTICE VIKRAMAJIT SEN
HON'BLE MS. JUSTICE MUKTA GUPTA

1. Whether the Reporters of local papers may
   be allowed to see the judgment?                    Not Necessary

2. To be referred to Reporter or not?                 Yes

3. Whether the judgment should be reported
   in the Digest?                                     Yes




FAO (OS) No. 479-80/2010                                          Page 1 of 2
 MUKTA GUPTA, J.

1. This Appeal impugns the Order dated 7th July, 2010 passed by a

learned Single Judge whereby the Appellants' Application I.A. No.

7480/2010 seeking condonation of delay of 34 days in filing the

amended Plaint was dismissed and the Respondents' Application I.A.

No. 6201/2010 praying for taking the amended Plaint off the record

was allowed in view of the delay in filing the amended plaint.

2. In view of our decision rendered in FAO (OS) Nos. 207/2010 and

340/2010 this Appeal is allowed as the Appellants are now permitted to

amend their Plaint by additions to paragraph 17 and prayer clause (b)

and (c) in addition to the amendments by way of additions to

paragraphs 9, 10 and 11 already permitted by the learned Single Judge.

The Appellants will file the amended plaint in terms of the said decision

within three weeks.

3. Accordingly the Appeal and the Application are disposed of.

(MUKTA GUPTA) JUDGE

(VIKRAMAJIT SEN) JUDGE NOVEMBER 12, 2010 vn