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$-2 HIGH COURT OF DELHI
FAO(OS) 300/2015 & CM 10530/2015 (stay)
SANTOSH JAIN Appellant Representedby: Mr.Avneesh Garg, Adv;
FAO(OS) 300/2015 & CM 10530/2015 (stay)
SANTOSH JAIN Appellant Representedby: Mr.Avneesh Garg, Adv;
VERSUS
ASHOK SIRPAUL & ORS Respondent Represented by: Mr.Nimesh Chib, Adv. for R-3
Mr.Adarsh B.Dial, Sr.Adv. instructed by Mr.Suresh, Ms.Reena, Advs. for R-4.
Ms.Seema Gupta, Adv. for R-5 Mr.Suresh Arora, Adv. for R-6
Mr.Adarsh B.Dial, Sr.Adv. instructed by Mr.Suresh, Ms.Reena, Advs. for R-4.
Ms.Seema Gupta, Adv. for R-5 Mr.Suresh Arora, Adv. for R-6
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE MUKTA GUPTA
29.01.2016
HON'BLE MS. JUSTICE MUKTA GUPTA
29.01.2016
ORDER
1. Vide impugned order dated May 07, 2015 the learned Single Judge has held that the suit is not maintainable in the present form and is hence dismissed.
2. Impugned order would be a decree and thus challenge thereto has to be by way of a Regular First Appeal and not by way of First Appeal against an Order.
3. The Registry is directed to de-register the instant appeal as a FAO(OS) and register the same as a RFA(OS) and list it before the Roster Bench after the appellant pays the necessary Court fee. The counsel for the FAO(OS) 300/2015 2016:DHC:8559-DB parties would be in touch with the Registry for the date the Registry as RFA(OS) lists the appeal before the Roster Bench.
PRADEEP EP NATOmJOG, J. MUKTA GUPTA, J. JANUARY 29,2016 'ga'