Ankur Mutreja v. AECHBS & Ors.

Delhi High Court · 03 Aug 2011 · 2011:DHC:10207
P. K. Bhasin
C.R.P. 102/2011
2011:DHC:10207
civil petition_dismissed

AI Summary

The Delhi High Court dismissed the revision petition, holding that allegations of concealment or falsehood require evidence and cannot justify dismissal of a suit at the threshold without trial.

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HIGH COURT OF DELHI
C.R.P. 102/2011
ANKUR MUTREJA Petitioner
Through: Petitioner in person
VERSUS
AECHBS & ORS
Through: None Respondents
CORAM;
HON'BLE MR.JUSTICE P.K.BHASIN
03.08.2011 I have heard the petitioner.
The petitioner's grievance is that while rejecting the relief of interim injunction to the respondent no. 1-plaintiff the learned trial Court should have dismissed the suit itself also because it was based on falsehood but that was not done and similarly the Appellate Court also fell in error in not accepting the prayer of the appellant, petitioner herein, that suit itself should have been dismissed at the threshold because ofconcealment of very material facts from the
Court.
I have perused the impugned order ofthe learned Appellate Court wherein it is clearly recorded that as far as the plea raised by the appellant, petitioner herein,that there was concealment offacts by the plaintiffis concerned,the same could be decided only after evidence is adduced. 1 do not find any material irregularity committed by the learned trial Court in coming to the aforesaid conclusion justifying any interference by this Court in exercise of revisional jurisdiction. This revision petition is accordingly dismissed in limine.
AUGUST 03,2011/pg
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P.K.BHASIN,J 2011:DHC:10207
JUDGMENT