MUNICIPAL CORPORATION OF DELHI ORS & ORS. vs DR SHAMBHUJI & ORS. & ORS.

Judgment text excerpt

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 28th April, 2025 + CM(M) 174/2025 MUNICIPAL CORPORATION OF DELHI ORS & ORS. .....Petitioners Through: Mr. Manu Chaturvedi, Standing Counsel, MCD with Mr. Jai Prakash Mittal and Mr. Ashish Sharma, Advocates. versus DR SHAMBHUJI & ORS. & ORS. ....Respondents Through: Respondent No.1 in person. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM(M) 174/2025, CM APPL. 21006/2025 (early hearing) & CM APPL. 24836/2025 (filed by respondent No.1 for directions) 1. When this petition was taken up by this Court on 09.04.2025, it was, inter alia, observed as under:- “1. The petitioners herein are defendant No.7, defendant Nos.1, 2 and 3 respectively, in the suit in question. 2. The issues raised herein are multiple. 3. It is to be seen whether defendant Nos.1, 2 and 3 had ever made any statement before the learned Trial Court that they would be adopting the written statement filed by defendant No.7 (MCD) or whether in view of the order passed by this Court on 11.01.2023 in CM(M) 1522/2018, they had been given independent right to file a separate written statement in their own individual capacity. It is also noticed that during the pendency of the suit, even an application was moved under Order I Rule 10 CPC by defendant Nos. 1, 2 and 3 whereby, they sought for their deletion from array of the parties and they are aggrieved by dismissal of their such request as well. 4. None appears on behalf of plaintiff (respondent No.1 herein) despite service of advance notice. Signature Not Verified Digitally Signed CM(M) 174/2025 1 By:SONIA THAPLIYAL Signing Date:29.04.2025 19:14:53 5. Learned counsel for petitioner was requested to contact the plaintiff or his counsel. He submitted that when he called up the plaint