sharada nayak - application

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IN THE HIGH COURT OF DELHI AT NEW DELHI (Ordinary Original Civil Jurisdiction) IA No. ___________ of 2014 In CS (OS) No. 1384 of 2014 IN THE MATTER OF: Ms. Sharada Nayak …Plaintiff Versus Delhi Public School Society & Ors. …Defendant APPLICATION UNDER ORDER VI RULE 17 READ WITH SECTION 151 OF THE CIVIL PROCEDURE CODE FOR AMENDMENT TO THE PLAINT IN THE INSTANT MATTER ON BEHALF OF THE PLAINTIFF MOST RESPECTFULLY SHOWETH: The Plaintiff above-named most respectfully submits as under:- 1. That the present suit came up for admission before this Hon’ble Court on 12.05.2014 wherein the same was admitted notices were issued to Defendants and the above captioned matter is pending adjudication which is now listed for hearing on 21.07.2014. 2. That the counsel appearing for the Plaintiff had sought the liberty of deleting Defendant Nos. 9 to

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Page 1: Sharada Nayak - Application

IN THE HIGH COURT OF DELHI AT NEW DELHI

(Ordinary Original Civil Jurisdiction)

IA No. ___________ of 2014

In

CS (OS) No. 1384 of 2014

IN THE MATTER OF:

Ms. Sharada Nayak …Plaintiff

Versus

Delhi Public School Society & Ors. …Defendant

APPLICATION UNDER ORDER VI RULE 17 READ WITH SECTION 151

OF THE CIVIL PROCEDURE CODE FOR AMENDMENT TO THE PLAINT

IN THE INSTANT MATTER ON BEHALF OF THE PLAINTIFF

MOST RESPECTFULLY SHOWETH:

The Plaintiff above-named most respectfully submits as under:-

1. That the present suit came up for admission before this Hon’ble Court on

12.05.2014 wherein the same was admitted notices were issued to

Defendants and the above captioned matter is pending adjudication which is

now listed for hearing on 21.07.2014.

2. That the counsel appearing for the Plaintiff had sought the liberty of deleting

Defendant Nos. 9 to 17 from the array of Defendants and this Hon’ble Court

was pleased to grant such liberty to the Plaintiff which has also been

recorded in the order passed on 12.05.2014.

3. That for the reason of such deletion of the above mentioned Defendants,

the present Plaint also merits amendment insofar such deletion has affected

the reference to the Defendants in the present plaint.

Page 2: Sharada Nayak - Application

4. That it is respectfully submitted that no prejudice would be caused to the

Defendants if the instant application is allowed since the trial has not begun

and rather only notices have been issued.

5. That the abovementioned amendment is necessary for the proper and

effective adjudication of the instant case.

6. That no new case is being introduced by way of the instant amendment and

no prejudice would be caused to the Defendants if the same is allowed.

PRAYER

In these facts and circumstances of the case, it is, therefore, most

respectfully prayed that this Hon’ble Court may graciously be pleased

to pass: -

(a) to allow the present application for reasons stated hereinabove;

and

(b) Pass such other and further orders as this Hon’ble Court may deem

just and proper in the facts and circumstances of the case and in

the interest of justice.

Plaintiff

Through

Amarjit Singh BediAdvocate for the Plaintiff

Place: New DelhiDated:

Page 3: Sharada Nayak - Application

IN THE HIGH COURT OF DELHI AT NEW DELHI

(Ordinary Original Civil Jurisdiction)

IA No. ___________ of 2014

In

CS (OS) No. ______of 2014

In the matter of:

Ms. Sharada Nayak ….Plaintiff

Versus

Delhi Public School Society &Ors. ….Defendants

AFFIDAVIT

I, Mrs. Sharada Nayak W/o. Late Vittal Nayak R/o. D-41, Sujan Singh Park,

New Delhi – 110 003 aged about 81 years, do hereby solemnly affirm and

declare as under :-

1. That I am the plaintiff in the above noted matter and am fully

conversant with the facts of the case and thus competent to swear

this affidavit.

2. That the contents of the accompanying application have been drafted

by the counsel upon my instructions and the same are true to the best

of my knowledge.

Page 4: Sharada Nayak - Application

3. That the contents of the accompanying suit have been read and

understood by me and the same are true and correct and the same

may kindly be read as part and parcel of the present affidavit.

DEPONENT

VERIFICATION:

Verified at New Delhi on this day of , 2014 that the contents of

my above mentioned affidavit are true to my knowledge and nothing has

been concealed therefrom and no part thereof is false.

`DEPONENT