This order recalls the original appeal's disposal on limitation grounds due to a filed application, directs transfer of the main case, and treats the appeal as a review application against a lower registrar's order.
Original appeal disposing order recalled; matter treated as review application and transferred to District Judge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CHARANJEET SINGH & ANOTHER ..... Plaintiff
Through: Mr. Rahul Shukla, Advocate
versus
D.K. RUSTAGI & ANOTHER ..... Defendants Through: Mr. Manan Bansal, Advocate for D-1.
CORAM: HON'BLE MR. JUSTICE R.K.GAUBA O R D E R % 08.12.2016
Review Petition No.538/2016 (under Section 114 read with Order 47 Rule 1 CPC by the plaintiff directed against order dated 25.11.2016)
counsel Mr. Rahul Shukla, Advocate who has now appeared to own up his responsibility for the default and deficiency in earlier submissions, will take care in future.
R.K.GAUBA, J.
DECEMBER 08, 2016 vk
Page 2 of 2
CS(OS) 133/2014
2 issues framed by the court
Whether the original appeal filed on 28.10.2015 was time barred when the plaintiff previously conceded delay.
Whether the earlier order disposing the original appeal as time barred should be recalled to treat the filing as a review application.
3 provisions across 1 enactments
Charanjeet Singh & Another
D.K. Rustagi & Another
R.K. Gauba
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court
