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C.R.P. 184/2019 1
HIGH COURT OF DELHI
C.R.P. 184/2019
KIRASHWATI ..... Petitioner
Through Mr. Yogesh Sharma, Advocate.
HIGH COURT OF DELHI
C.R.P. 184/2019
KIRASHWATI ..... Petitioner
Through Mr. Yogesh Sharma, Advocate.
VERSUS
SANJAY & ORS ..... Respondents
Through None.
Through None.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R
27.09.2019
27.09.2019
CM APPL.43307/2019 (exemption)
Exemption is allowed subject to all just exceptions.
Exemption is allowed subject to all just exceptions.
CM APPL.43306/2019 (correction of order dated 05.09.2019)
JUDGMENT
1. By this application, petitioner seeks correction of a typographical error in order dated 05.09.2019. In paragraph 1 and paragraph 6 of the order there is a reference to application under Order XXXIX Rule 2A CPC. It is clearly a typographical error.
2. In paragraph 1 and paragraph 6, the reference to application will be read as referring to Order XXXIX Rule 1 and 2 CPC. The correct paragraphs 1 and 6 after correction shall read as under:-
“1. Petitioner impugns order dated 27.05.2019, whereby, the application of the petitioner under Order XXXIX Rule 1 and 2 CPC has been deferred and parties
2019:DHC:4996 C.R.P. 184/2019 2 have been directed to move an application seeking consolidation/transfer of the subject suit to the Court of District & Sessions Judge where another suit on the same subject matter is alleged to be pending.
6. Since no order has been passed by the Trial Court, the petition filed by the petitioner is not maintainable. The same is accordingly dismissed. The Trial Court is however directed to dispose of the application under Order XXXIX Rule 1 and 2 CPC filed by the petitioner expeditiously in accordance with law.”
3. The application is, accordingly, allowed in the above terms.
4. Registry is directed to upload a copy of this order as a corrigendum to judgment dated 05.09.2019.
5. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J SEPTEMBER 27, 2019 st