Appeal against dismissal of suit as not maintainable was allowed by consent. Court set aside impugned judgment without deciding on merits. Final arguments on all issues will follow later.
Impugned judgment setting aside; suit to proceed for final arguments after evidence.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 466/2018
JUGMANDER DASS JAIN ..... Appellant Through: Mr. Vijay Kumar, Mr. K.S.Kashyap and Mr. Thomas Oommen, Advocates (9811197419)
versus
NARENDER KUMAR ..... Respondent Through: Mr. Rajesh Malhotra, Advocate (9810194135)
CORAM: HON'BLE MR. JUSTICE VALMIKI J. MEHTA O R D E R % 05.10.2018
will be decided by the trial court in accordance with law on an application if filed under Order 39 Rules 1 and 2 CPC. During the course of decision of such an application, one of the defences which will be available to the respondent/defendant will be the defence that the suit will not operate for the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882 in view of the judgment of the Supreme Court in the case of Vinod Seth vs. Devinder Bajaj and Anr. (2010 ) 8 SCC 1
VALMIKI J. MEHTA, J
OCTOBER 05, 2018 ib
2 issues framed by the court
Whether the suit should be allowed to proceed as not barred by law without an expression on merits.
Whether allowing the suit filing implies entitlement to interim orders.
Colour shows how this judgement treated each authority
Vinod Seth vs. Devinder Bajaj and Anr.Referred¶9
Vinod Seth vs. Devinder Bajaj and Anr. (2010 ) 8 SCC 1 · Who else cites this
1 provisions across 1 enactments
Jugmander Dass Jain
Narender Kumar
Valmiki J. Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
