Aparna Choudhrie Kala v. Vaibhav Kala
Case brief
What is this about?
This Court disposed of a civil revision petition challenging the trial court's grant of unconditional leave to defend in a summary suit for money recovery under Order XXXVII CPC. Applying settled principles, the High Court found the trial court did not commit material irregularity as genuine triable issues existed regarding the nature of funds and liability.
What the court decided
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- % Pronounced on: 15th February, 2024
- C.R.P. 91/2022 & CM APPL. 29968/2022 APARNA CHOUDHRIE KALA ..... Petitioner Through: M. Ashish Dholakia, Mr. Rohan Chawla and Mr. Harshit Joshi, Advocates
versus
VAIBHAV KALA ..... Respondent Through: Mr. Manish Sharma and Mr. Vijay Kaundal and Ms. Nandini Aishwarya, Advocates
CORAM:
HON’BLE MR. JUSTICE CHANDRA DHARI SINGH
J U D G M E N T
CHANDRA DHARI SINGH, J.
- The instant civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (hereinafter “CPC”) has been filed on behalf of the petitioner seeking the following reliefs:
“ 1. Allow the present petition and set aside the order dated 22.04.2022 passed in in CS No. 352/2020 titled „Aparna Choudhrie Kala v. Vaibhav Kala‟ by the Additional District Judge- 04, South East, Saket Courts, New Delhi;
Issues for consideration
3 issues framed by the court
Whether the trial court committed material irregularity in granting unconditional leave to defend in a summary suit under Order XXXVII Rule 3 of the CPC.
Whether the respondent raised triable issues and a substantial defence warranting unconditional leave to defend.
Whether the petitioner successfully established jurisdictional error under Section 115 of the CPC challenging the impugned order.
Parties & counsel
- petitioner
Aparna Choudhrie Kala
- respondent
Vaibhav Kala
Coram
CHANDRA DHARI SINGH
Case details
As recorded by the court registry
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