Mallesh Garimella v. Sobha SD4GH & Sons Pvt Ltd & Anr

Delhi High Court · 26 Sep 2011 · 2011:DHC:9207
P.K. Bhasin
C.R.P. 142/2011
2011:DHC:9207
civil appeal_dismissed

AI Summary

The High Court dismissed a revision petition challenging an interlocutory order issuing summons and notice under Order 39 Rules 1 and 2 CPC, holding that such interlocutory orders are not amenable to revision under Section 115 CPC.

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HIGH COURT OF DELHI
C.R.P. 142/2011
MALLESH GARIMELLA Petitioner
Through: Mr.V.K.Malik,Advocate
VERSUS
SOBHA SD4GH & SONS PVT LTD & ANR
Through: None Respondents
CORAM:
HON'BLE MR.JUSTICE P.K.BHASIN
26.09.2011 No case is made out for entertaining this revision petition which has been filed only against an interlocutory order passed by the learned trial Court simply issuing summons inthe suit and notice ofthe application ofthe petitioner-plaintiff under Order 39 Rules 1 and 2 CPC.Dismissed.
It is, however, made clear that as and when the trial Court takes up the stay application for consideration on merits, the same shall be disposed of in accordance with law uninfluenced by the filing of the present petition and its dismissal today in view of the proviso to Section 115 of the Code of Civil
Procedure.
SEPTEMBER 26,2011/pg P.K.BHASIN,J 2011:DHC:9207
JUDGMENT