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IN THE SUPREME COURT OF INDIA
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.10223 OF 2016
(@SLP (C) NO.9887 OF 2016)
KULDEEP SINGH APPELLANT
(@SLP (C) NO.9887 OF 2016)
KULDEEP SINGH APPELLANT
VERSUS
RAJINDER KUMAR AND ORS RESPONDENTS
JUDGMENT
Kurian, J.
Leave granted.
The appellant is aggrieved by the order dated
HIGH COURT OF DELHI
321/2015.
As per the said impugned order, the High Court rejected the application filed by the appellant under
Order 7 Rule 11 of the Code of Civil Procedure(CPC) for dismissal of Civil Suit No.1428/1981 renumbered as
Civil Suit No.903/2011.
The High Court has taken the view that going by the pleadings in the suit, it cannot be said that no cause of action was made out.
In view of the judgment of this court dated 07.02.2014 in Civil Appeal Nos.1873-1877/2014, the suit could not have been rejected under Order 7 Rule 11 of
CPC. Therefore, this appeal is dismissed.
However, we direct the Trial Court, in view of the
Page 2 earlier directions, to expedite the trial and dispose of the suit positively within six months. ........................J.
(KURIAN JOSEPH) .........................J.
(ROHINTON FALI NARIMAN)
NEW DELHI, OCTOBER 20, 2016
Leave granted.
The appellant is aggrieved by the order dated
HIGH COURT OF DELHI
321/2015.
As per the said impugned order, the High Court rejected the application filed by the appellant under
Order 7 Rule 11 of the Code of Civil Procedure(CPC) for dismissal of Civil Suit No.1428/1981 renumbered as
Civil Suit No.903/2011.
The High Court has taken the view that going by the pleadings in the suit, it cannot be said that no cause of action was made out.
In view of the judgment of this court dated 07.02.2014 in Civil Appeal Nos.1873-1877/2014, the suit could not have been rejected under Order 7 Rule 11 of
CPC. Therefore, this appeal is dismissed.
However, we direct the Trial Court, in view of the
Page 2 earlier directions, to expedite the trial and dispose of the suit positively within six months. ........................J.
(KURIAN JOSEPH) .........................J.
(ROHINTON FALI NARIMAN)
NEW DELHI, OCTOBER 20, 2016