Monty v. Subhash Kumar

Delhi High Court · 28 May 2025 · 2025:DHC:4750
Tara Vitasta Ganju
C.R.P. 167/2025
2025:DHC:4750
civil appeal_dismissed Procedural

AI Summary

The High Court condoned delay in filing a civil revision petition but allowed the petitioner to withdraw the petition with liberty to raise all issues before the trial court.

Full Text
Translation output
C.R.P. 167/2025
HIGH COURT OF DELHI
Date of Decision: 28.05.2025
C.R.P. 167/2025 & CM APPL. 33739-33741/2025
MONTY .....Petitioner
Through: Mr. Yogesh Sharma, Advocate.
VERSUS
SUBHASH KUMAR .....Respondent
Through:
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral)
CM APPL. 33740/2025 [Condonation of delay]
JUDGMENT

1. This is an Application filed on behalf of the Petitioner seeking condonation of delay of 24 days in filing the present Petition.

2. For the reasons as stated in the Application, the delay is condoned.

3. The Application stands disposed of. C.R.P. 167/2025, CM APPL. 33739/2025[Stay] & CM APPL. 33741/2025 [Exemption from filing complete Trial Court Record]

4. The present Petition has been filed on behalf of the Petitioner under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] against the order dated 08.01.2025 passed by learned ACJ, West, Tis Hazari Courts, Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, the Application under Order VII Rule 11 of the CPC filed by the Petitioner has been dismissed by the learned Trial Court. C.R.P. 167/2025

5. After some arguments, learned Counsel for the Petitioner seeks and is granted permission to withdraw the present Petition. The liberty is however granted to the Petitioner to agitate all his contentions before the learned Trial Court. The rights and contentions of both the parties are left open in this behalf.

6. The Petition is dismissed as withdrawn. All pending Applications stand closed.