Ramesh Chander v. Love Kumar Chopra & Ors.

Delhi High Court · 08 Oct 2025 · 2025:DHC:8990
Tara Vitasta Ganju
C.R.P. 49/2019
2025:DHC:8990
civil petition_dismissed

AI Summary

The Delhi High Court dismissed a Civil Revision Petition under Section 115 CPC as not maintainable against a final decree disposing of two suits, especially after the petitioner sought withdrawal and did not appear.

Full Text
Translation output
C.R.P. 49/2019
HIGH COURT OF DELHI
Date of Decision: 08.10.2025
C.R.P. 49/2019
RAMESH CHANDER .....Petitioner
Through: None.
VERSUS
LOVE KUMAR CHOPRA & ORS .....Respondents
Through: Ms. Stuti Mishra, Advocate for R-2
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral)
JUDGMENT

1. The present Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 impugning the order dated/judgment dated 31.10.2018 passed by the learned Tria Court [hereinafter referred to as “Impugned Order”].

2. This matter has been placed before the Court in view of the statement of the Petitioner made on 16.09.2025 before the Joint Registrar, who had sought leave to withdraw the present Petition.

3. None appears on behalf of the Petitioner.

4. Learned Counsel appearing on behalf of the Respondent No. 2 submits that the matter has been inter-se settled between the parties and hence, the Petitioner is not appearing.

5. In any event, a review of the Impugned Order shows that the Impugned Order has been passed finally decreeing/deciding two suits. The suit filed by the Respondent No. 1 was decreed and the suit filed by the Respondent Nos. 2 to 4 and the Petition was dismissed. Since, the Impugned C.R.P. 49/2019 Order finally decrees/disposes of two suits, a Petition under Section 115 of the CPC will not be maintainable. The challenge, if any, would be before the appropriate forum.

6. The Petition is, accordingly, dismissed. Pending Applications, if any, stand closed.

TARA VITASTA GANJU, J OCTOBER 8, 2025/g.joshi/r