Disposed

Shri Aman Gupta v. Ms. Meetu Hans & Anr.

Delhi HC28 Aug 2024CM(M)/3252/2024

Case brief

AI extract

What is this about?

Petitioner challenged an order where the Trial Court refused to hear arguments on preliminary issues that had been settled and scheduled for hearing earlier. Court directed Trial Court to proceed with arguments on such issues and waived previously imposed costs.

What did the court decide?

Directed Trial Court to take up matter for arguments on preliminary issues as scheduled on 29.04.2024. Cost imposed on petitioner on that date waived.

Shri Aman Gupta Vs Ms. Meetu Hans & Anr. — Civil Procedure and Limitation | Delhi HC (2024)

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$~100

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of decision^: 28^th August, 2024

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- CM(M) 3252/2024 & CM APPL. 49155/2024 SHRI AMAN GUPTA

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.....Petitioner Through: Ms. Payal Jain, Mr. Sumit Kumar and Mr. Mohd. Nayed, Advocates.

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versus

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MS. MEETU HANS & ANR.

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.....Respondents Through: None.

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CORAM: HON'BLE MR. JUSTICE MANOJ JAIN

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J U D G M E N T (oral)

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Petitioner had filed a suit for possession and recovery.

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The learned Trial Court settled the issues vide order dated 29^th April, 2024. Such order would reflect that five issues were labelled as “preliminary issues” and the learned Trial Court adjourned the case for arguments on such preliminary issues.

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However, when the matter was taken up on 18^th July, 2024 by the same Court and when the plaintiff had drawn the attention of the learned Trial Court to the fact that preliminary issues had been framed and same were to be argued out, the learned Trial Court, instead, observed that such contention was totally misconceived and had been made with the objective to prolong the proceedings. It also observed that no preliminary issue had been framed by the Court at all.

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CM(M) 3252/2024 1

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Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 9.08.2024 16:13:24

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Obviously, the above said observation is not in consonance with the earlier order.

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It seems that there was some kind of uncertainty in the mind of the learned Trial Court as the order whereby the issues were settled is very specific and categoric and the learned Trial Court had, itself, fixed up the matter for arguments on preliminary issues.

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Such order continues to hold good unless and until, the same is modified either by the same Court or by Superior Court and, therefore, it seems imperative for the learned Trial Court to hear the arguments on preliminary issues.

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The advance notice have been duly served upon the respondent but there is no appearance from the side of the respondent.

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In view of the facts placed before this Court, the present petition is disposed of with direction that the learned Trial Court, as already indicated by the said Court itself on 29^th April, 2024, would take up the matter for arguments on preliminary issues.

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Keeping in mind the peculiar facts placed before this Court, the cost imposed by learned Trial Court on petitioner herein on 29.04.2024 is also waived.

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Order dasti under the signature of the Court Master.

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(MANOJ JAIN) JUDGE

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AUGUST 28, 2024/ss

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Signature Not Verified

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CM(M) 3252/2024 2

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Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 9.08.2024 16:13:24

Shri Aman Gupta v. Ms. Meetu Hans & Anr.

Case brief

What is this about?

What did the court decide?

Shri Aman Gupta v. Ms. Meetu Hans & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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