Full Text
Translation output
I
II
$-ll&12 HIGH COURT OF DELHI
CM(M) 1180/2015
PRITIPRATAP SINGH Petitioner
Through: Ms. Tasneem Ahmadi with Ms. Shubhi Khare, Advocate.
II
$-ll&12 HIGH COURT OF DELHI
CM(M) 1180/2015
PRITIPRATAP SINGH Petitioner
Through: Ms. Tasneem Ahmadi with Ms. Shubhi Khare, Advocate.
VERSUS
RANI PREM KUMARI (DECEASED THR HER LEGAL HEIRS) &
Qj^§ Respondent
Through: Mr. Vivek Raj Singh with Mr. Abhindra Maheshwari, Advocate for respondent No.2.
Mr.D.R.Bhatia, Advocate for respondents 3 to 5.
Qj^§ Respondent
Through: Mr. Vivek Raj Singh with Mr. Abhindra Maheshwari, Advocate for respondent No.2.
Mr.D.R.Bhatia, Advocate for respondents 3 to 5.
CM(M) 1181/2015
KIRAN RAJBISARIA Petitioner
Through: Mr. Vivek Raj Singh with Mr. Abhindra Maheshwari, Advocate.
KIRAN RAJBISARIA Petitioner
Through: Mr. Vivek Raj Singh with Mr. Abhindra Maheshwari, Advocate.
VERSUS
PRITI PRATAP SINGH Respondent
Through: Ms. Tasneem Ahmadi with Ms. Shubhi Khare, Advocate.
Through: Ms. Tasneem Ahmadi with Ms. Shubhi Khare, Advocate.
CORAM:
HON'BLE MR. JUSTICE V.K. SHALI
ORDER o/o 29.01.2016 After hearing learned counsel for the parties for some time, the following consent order is passed:-
Boththe learned counsel for the parties on instructions state that since the matter had been pending before the learned trial court for almost last two decades and the entire evidence has been recorded, therefore, instead of deciding the suit on technicalities, the suit be
2016:DHC:8791 decided on merits.
I do notfind that there is any impediment in deciding the suit on merits as prayed by the parties. Moreover, there is no terminology used by the CPC that the plaint be struck off from the record. The plaint can only be returned for want of territorial jurisdiction under
Order VII Rule 10 CPC or rejected under Order VII Rule 11 CPC except in the event of rejection for want of deficient court fees, an opportunity is to be given to the plaintiffto make up the deficiency.
In view of the statement made by the learned counsel, the order dated 20.04.2015 is set aside with the direction to the trial Court to decide the case on merits.
Since the matter has been pending before the trial court for the last more than two decades, learned trial court shall make every endeavour to dispose of the matter as expeditiously as possible preferably within aperiod offour months.
Copy of the order be sent to the court concerned. Copy of the order be also given dasti to counsel for the parties. Parties to appear before the learned District Judge Headquarter at Tis Hazari Courts on
15.02.2016 at 2.00 P.M.
JANUARY 29, 2016 / n tT V.K. SHALI, J.
2016:DHC:8791
ORDER o/o 29.01.2016 After hearing learned counsel for the parties for some time, the following consent order is passed:-
Boththe learned counsel for the parties on instructions state that since the matter had been pending before the learned trial court for almost last two decades and the entire evidence has been recorded, therefore, instead of deciding the suit on technicalities, the suit be
2016:DHC:8791 decided on merits.
I do notfind that there is any impediment in deciding the suit on merits as prayed by the parties. Moreover, there is no terminology used by the CPC that the plaint be struck off from the record. The plaint can only be returned for want of territorial jurisdiction under
Order VII Rule 10 CPC or rejected under Order VII Rule 11 CPC except in the event of rejection for want of deficient court fees, an opportunity is to be given to the plaintiffto make up the deficiency.
In view of the statement made by the learned counsel, the order dated 20.04.2015 is set aside with the direction to the trial Court to decide the case on merits.
Since the matter has been pending before the trial court for the last more than two decades, learned trial court shall make every endeavour to dispose of the matter as expeditiously as possible preferably within aperiod offour months.
Copy of the order be sent to the court concerned. Copy of the order be also given dasti to counsel for the parties. Parties to appear before the learned District Judge Headquarter at Tis Hazari Courts on
15.02.2016 at 2.00 P.M.
JANUARY 29, 2016 / n tT V.K. SHALI, J.
2016:DHC:8791
JUDGMENT