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JUDGMENT
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 2010:DHC:5472-DB FAO (OS) No. 479-80/2010 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