Dismissed

Jagdamba Singh v. Jag Mohan Sharma and Ors.

Delhi HC1 Aug 2024C.R.P./141/2023

Case brief

AI extract

What is this about?

Petitioner withdrew a civil revision petition under CPC Sec. 115, praying that the trial court adjudicate contentions on merits. Court allowed withdrawal, dismissed petition, and directed trial court to decide issues afresh.

What did the court decide?

Petition dismissed as withdrawn; liberty granted to raise contentions later; trial court directed to adjudicate contentions afresh.

Jagdamba Singh Vs Jag Mohan Sharma and Ors. — Civil Procedure and Limitation | Delhi HC (2024)

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$~A-6

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- C.R.P. 141/2023

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JAGDAMBA SINGH .....Petitioner

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Through: Ms. Nidhi Mohan Parashar, Advocate.

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versus

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JAG MOHAN SHARMA AND ORS .....Respondents

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Through: Mr. Satish Kumar Tomar, Advocate for R-1 to R-4. Mr. Nishank Tyagi, Advocate for R- 6.

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CORAM:

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HON'BLE MR. JUSTICE CHANDRA DHARI SINGH O R D E R % 01.08.2024

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The captioned civil revision petition has been filed on behalf of the petitioner under Section 115 of the Code of Civil Procedure, 1908 seeking setting aside of the impugned order dated 1^st April, 2023 passed by the learned SCJ – cum – RC : PHC : New Delhi in case bearing CS SCJ no. 1091/2021.

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Learned counsel appearing on behalf of the petitioner submitted that vide the impugned order dated 1^st April, 2023, the learned Trial Court has dismissed the application under Order VII Rule 11 read with Order XII Rule 6 of the Code of Civil Procedure, 1908 (“CPC”) without application of judicial mind and further listed the above said suit for 3^rd June, 2023 for framing of issues and admission/denial of document.

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After some length of arguments, learned counsel appearing on behalf of the petitioner submitted that she does not wish to press the instant matter

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 14:01:10

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on merits and made an innocuous prayer to withdraw the instant petition with liberty to take all the contentions made in the instant petition before the learned Trial Court at appropriate stage and that the learned Trial Court may be directed to adjudicate all the contentions made by the parties on merits afresh in accordance with law.

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Per contra, learned counsel appearing on behalf of the respondent nos. 1 to 4 vehemently opposed the instant petition on merits, however, he has no objection to the innocuous prayer made by the learned counsel for the petitioner.

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Heard learned counsel appearing on behalf of the parties and perused the material on record.

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Since the learned counsel appearing on behalf of the petitioner has not pressed the instant petition on merits and made an innocuous prayer as above and as there is no objection raised by the learned counsel appearing on behalf of the respondent nos. 1 to 4 for allowing the innocuous prayer as made by the learned counsel for the petitioner, this Court is of the view that the innocuous prayer made by the learned counsel for the petitioner may be allowed.

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Accordingly, leave is granted.

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The instant petition is dismissed as withdrawn with liberty to the petitioner to raise all the contentions/objections made herein as well as the contentions made in the application before the learned Trial Court at appropriate stage and after hearing both the parties, the learned Trial Court is directed to adjudicate and decide contentions/objections afresh, in accordance with law.

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Accordingly, the instant petition along with pending application(s), if any, is dismissed as withdrawn with liberty as prayed.

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CHANDRA DHARI SINGH, J

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AUGUST 1, 2024 rk/ryp Click here to check corrigendum, if any

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Jagdamba Singh v. Jag Mohan Sharma and Ors.

Case brief

What is this about?

What did the court decide?

Jagdamba Singh v. Jag Mohan Sharma and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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