NITIN PURI Vs. POOJA PURI

JUDGEMENT

(1.) Plaintiff has filed the present suit praying for a decree of permanent injunction restraining the defendant, who is his wife, from visiting the office premises of the plaintiff situated at U 321, Rear Side, Ground Floor, Chirag Dilli, New Delhi.

(2.) Summons in the suit and notice in the application under Order XXXIX Rules 1 and 2 CPC were issued on 13.09.2011 and on the same day an ex parte ad interim injunction was also granted in favour of the plaintiff whereby the defendant was restrained from visiting the office of the plaintiff situated at U-321, Rear Side, Ground Floor, Chirag Dilli, New Delhi. Counsel for the defendant entered appearance on 17.10.2011 and sought time to file written statement and reply to the application filed under order XXXIX Rules 1 & 2. Written statement and reply to the application were filed by the defendant on 17.12.2011. Pleadings were completed on 30.03.2012. Thereafter, the plaintiff filed an application (I.A. 18075/2013) under order VI Rule 17 for amendment of plaint which was allowed vide order dated 31.10.2013. Despite opportunity granted to the defendant to file written statement to the amended plaint, the same was not filed. Subsequently, none appeared on behalf of the defendant on 24.02.2014 and again on 07.03.2014, on which date the defendant was proceeded ex parte.

(3.) Affidavit by way of evidence of Nitin Puri, the sole proprietor of the plaintiff and husband of the defendant has been handed over in Court by learned counsel for the plaintiff, the same is taken on record and is exhibited as Ex.PW-1/A.