sharada nayak - application
TRANSCRIPT
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.
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:
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.
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