BRIJESH GUPTA Vs. SAROJ GUPTA

JUDGEMENT

(1.) The impugned order dtd. 19/9/2022, passed by the learned Additional District Judge (the learned ADJ) in civil suit 10738/2016 (Brijesh Gupta v. Saroj Gupta) adjudicates four applications.

(2.) Three of these applications have been filed by the petitioner, as the plaintiff in the suit, under Order VI Rule 16 of the Code of Civil Procedure, 1908 (hereinafter, "CPC"), under Order X of the CPC read with Sec. 165 of the Indian Evidence Act and under Sec. 151 of the CPC respectively. The application of the respondent, as the defendant in the suit, which also stands adjudicated by the impugned order, was filed under Order VII Rule 14 of the CPC which, as the learned ADJ correctly holds, was the wrong provision.

(3.) Civil Suit no. 10738/2016 was instituted by the petitioner against the respondent, seeking (i) a decree of possession in respect of property located at A-793/1, Shastri Nagar, Delhi-110052 (hereinafter "the suit property"), (ii) a decree for recovery of ? 5,40,000/- along with pendent lite and future interest, (iii) a decree for mesne profits @ ? 15,000/- per month towards use and occupation charges of the suit property and (iv) a decree of permanent injunction restraining the respondent from creating any third party interest in respect of the suit property. The Plaint