R.S. Yadav v. Sumer Singh Salkan & Ors.

Delhi High Court · 25 Jul 2017 · 2017:DHC:3878-DB
Hima Kohli; Deepa Sharma
FAO(OS) 157/2015
2017:DHC:3878-DB
civil other Procedural

AI Summary

The court held that an application under Section 151 CPC to take documents on record cannot be entertained post disposal of appeal and should be filed before the trial court, allowing withdrawal of the application with liberty to refile.

Full Text
Translation output
HIGH COURT OF DELHI
FAO(OS) 157/2015
R.S.YADAV ..... Appellant
Through: Mr. Arjun Dewar, Advocate along with Ms. Anupama Kumar, Advocate.
VERSUS
SUMER SINGH SALKAN & ORS. ..... Respondents
Through: Mr. Ranjay, Advocate for R-1.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE DEEPA SHARMA O R D E R 25.07.2017
CM No. 15665/2017 (application on behalf of the respondent no. 1 under Section 151 of the CPC for appropriate directions)
JUDGMENT

1. The present application has been filed by the respondent no. 1 praying inter alia that the documents filed by the petitioner (Annexure 1) be taken on record.

2. Appearance is entered by learned counsel for the non-applicant/appellant who opposes the application and submits that it is for the respondent no. 1 to make such a prayer before the learned ADJ, Patiala House Courts, as the present appeal has already been disposed of.

3. In view of the submission made hereinabove, learned counsel for respondent no. 1 seeks leave to withdraw the present application while reserving the right of his client to file an appropriate application on the same 2017:DHC:3878-DB lines in the pending suit proceedings.

4. Leave as prayed for is granted. The Application stands disposed of. HIMA KOHLI, J DEEPA SHARMA, J JULY 25, 2017 ss