This short order dismisses the appeal on the ground of delay of 85 days despite the underlying issue regarding concealment of a prior withdrawn suit being left open to avoid prejudice.
Appeal dismissed due to delay of 85 days; substantive issue left open.
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LAJPAT RAI JAGGA & ORS .....Appellants Through: Mr. Kirti Uppal, Senior Advocate with Ms. Shaini Bhardwaj, Mr. Aditya Sharma and Ms. Kiran Kalra, Advocates
versus
SHRI NIRANJAN KUMAR BANSAL & ORS .....Respondent Through: Mr. Satyakam, ASC (GNCTD) with Mr. Pradyut Kashyap, Advocate
CORAM: HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MR. JUSTICE TUSHAR RAO GEDELA
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O R D E R 19.07.2024
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 03/07/2025 at 00:00:56
subject suit seeking similar reliefs. He states that in the subject suit, the respondent no.1 has concealed that a suit had been instituted by him previously. He thus contends that the subject suit is barred under Order XXIII Rule 1(4) and Order II Rule 2, CPC.
ACTING CHIEF JUSTICE
TUSHAR RAO GEDELA, J
JULY 19, 2024 Aj
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 03/07/2025 at 00:00:56
2 issues framed by the court
Whether the present appeal is barred by delay of 85 days.
Whether the suit is barred under Order XXIII Rule 1(4) and Order II Rule 2, CPC due to concealment of a withdrawn prior suit.
3 provisions across 1 enactments
Lajpat Rai Jagga & Ors
Shri Niranjan Kumar Bansal & Ors
Tushar Rao Gedela
As recorded by the court registry
An appeal to a Division Bench against an order made by a single judge on the original side of the High Court.
Judgements on the same questions, provisions and authorities, from every court
