This order dismisses the petitioner's petition as not pressed. The petitioner acknowledges that the rejection of the suit constitutes a decree. The court grants liberty to file the proper appeal.
Petition dismissed as not pressed; liberty granted to file proper appeal.
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$~72
AMIT BHARTI .....Petitioner
Through: Mr. B.S. Randhawa, Mr. Pukhraj, Mohd. Usman Siddiqui and Ms. Sakira Kidwai, Advocates
versus
MURARI KUMAR SINGH & ANR. .....Respondent Through: None CORAM: HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R % 06.09.2024
CM APPL. 51963/2024 (exemption)
Exemption allowed, subject to all just exceptions.
CM(M) 3348/2024 & CM APPL. 51964-51965/2024
Section 2: Definitions –(2) "decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within [* * *] section 144, but shall not include-
Explanation .-A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is
CM(M) 3348/2024 1
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 09/09/2024 at 12:12:24
final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final
MANOJ JAIN, J
SEPTEMBER 6, 2024/ dr
CM(M) 3348/2024 2
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 09/09/2024 at 12:12:24
1 issue framed by the court
Whether a petition for exemption from filing an appeal can be maintained when the petitioner seeks to withdraw and reopen an appeal on the suit being rejected.
1 provisions across 1 enactments
Amit Bharti
Murari Kumar Singh & Anr.
Manoj Jain
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
