The plaintiff filed two applications - one under Order 1 Rule 10 CPC to delete defendant no. 4 from the array of parties, and one under Order VI Rule 17 CPC to amend the prayer clause in the plaint. The court allowed both applications. It allowed the deletion of defendant no. 4 as the plaintiff is the dominus litus. It also allowed the amendment to the prayer clause in the plaint as summons had not been issued to defendants yet, so no prejudice would be caused. The court ordered summons to be issued to remaining defendants upon filing of proof of service within a week, returnable on May 27th, 2021.

1. 22
CS SCJ 911/20
M.SHAMOON Vs. ARNAB GOSWAMI
16.03.2021
Present: Sh. Abdus Samad and Sh Shakeel Abbas , Ld. Counsel for
plaintiff alongwith plaintiff.
An application under Order VI Rule 17 CPC r/w 151 CPC
alongwith amended plaint and another application under Order 1 Rule 10
CPC r/w 151 CPC alongwith amended memo of parties has been filed.
Heard. Record perused.
Vide application under Order 1 Rule 10 CPC r/w 151 CPC,
plaintiff wishes to delete the name of the defendant no. 4 from the array of
parties. Plaintiff is dominus litus. Considering the submissions, application
is allowed. Defendant no. 4 is delted from the array of parties. Amended
memo of parties is taken on record.
Vide application under Order VI Rule 17 CPC r/w 151 CPC,
plaintiff wishes to amend the prayer clause. Earlier plaintiff has not
disclosed against whom the relief of compensation has been claimed.
Therefore, amended plaint has been filed. Summons has not been issued to
the defendants as yet. No prejudice is caused to the defendants, if the said
application is allowed. Application under Order VI Rule 17 r/w 151 CPC is
allowed. Amended plaint is taken on record.
Issue summons upon defendants on filing of PF/RC/Speed
Post within one week from today, returnable on 27.05.2021.
(Gagandeep Jindal)
JSCC cum ASCJ cum GJ
South East District/Saket Courts
16.03.2021