Dismissed¶20

Captain (Veteran) Shalini Singh v. Major Kulwant Singh Dhami

Delhi HC20 Nov 2025C.R.P./310/2025

Case brief

AI extract

What is this about?

C.R.P. 310/2025; Delhi High Court; Justice Prateek Jalan; Order XXXVII CPC summary suit; CS DJ/ADJ No. 590/2022; dishonoured cheques; conditional leave to defend; review dismissed; Order VII Rule 11 CPC application; Section 115 CPC revision not maintainable; proviso to Section 115(1) CPC; petition dismissed as withdrawn with liberty; no merits comment; decided 20.11.2025.

What did the court decide?

Dismissal of the revision petition as withdrawn, with liberty to challenge the Trial Court's order dated 02.03.2024 (conditional leave to defend) and the order dated 11.09.2025 (dismissal of review and Order VII Rule 11 application) on such grounds as may be available in law; no comment made on the merits. ¶20

Captain (Veteran) Shalini Singh Vs Major Kulwant Singh Dhami — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether revision under Section 115 CPC is maintainable in respect of the grant of conditional leave to defend and the dismissal of the review. +1 more

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Court's answer

Revision under Section 115 CPC is not maintainable in respect of the grant of conditional leave to defend or the dismissal of the review, in view of the proviso to Section 115(1) CPC.

¶17

Ratio / Principle

The revision petition, alongwith the pending application, was dismissed as withdrawn, with liberty to challenge the order dated 02.03.2024 and the dismissal of the review by order dated 11.09.2025 on such grounds as may be available to the petitioner in law.

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Key takeaways

This Court made no comments on the merits of the matter; the merits remain open to the petitioner in whatever remedy she pursues.obiter¶21

Detailed headnote1 paragraphs

Delhi High Court (Prateek Jalan, J), C.R.P. 310/2025 (with CM APPL. 69572/2025), decided 20.11.2025: The petitioner, defendant in summary suit CS DJ/ADJ No. 590/2022 filed under Order XXXVII CPC on an allegation that two cheques tendered by her were dishonoured, assailed two Trial Court orders — 02.03.2024 granting conditional leave to defend, and 11.09.2025 dismissing her review seeking removal of the conditions alongwith her application under Order VII Rule 11 CPC. The Court held that, as far as the grant of conditional leave to defend or dismissal of the review is concerned, revision under Section 115 CPC is not maintainable in view of the proviso to Section 115(1) CPC. After argument, counsel for the petitioner withdrew the revision petition with liberty to challenge both orders on such grounds as may be available in law; the petition and pending application were dismissed as withdrawn, and the Court expressly made no comments on the merits.

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$~6

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- C.R.P. 310/2025 & CM APPL. 69572/2025

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CAPTAIN (VETERAN) SHALINI SINGH .....Petitioner Through: Mr. Gaurav Singh, Mr. Anuj Singh, Advocates.

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versus

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MAJOR KULWANT SINGH DHAMI .....Respondent Through: Mr. Mohan Kumar, Ms. Neetu Singh, Mis. Ishika, Mr. Vishesh Tyagi, Advocates.

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CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

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O R D E R

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% 20.11.2025

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The petitioner, who is the defendant in CS DJ/ADJ No. 590/2022, assails two orders dated 11.09.2025 and 02.03.2024 passed by the Trial Court.

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The suit is filed by the respondent [plaintiff before the Trial Court] under Order XXXVII of the Code of Civil Procedure, 1908 [“CPC”], based upon an allegation that two cheques tendered by the petitionerdefendant were dishonoured.

¶12

By the first impugned order dated 02.03.2024, the Trial Court granted leave to defend to the petitioner-defendant, subject to conditions. The petitioner sought review by removal of those conditions, which was dismissed by the second impugned order dated 11.09.2025, alongwith an application filed under Order VII Rule 11 of CPC.

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Page 1 of 2

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C.R.P. 310/2025

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This is a digitally signed order.

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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 22/11/2025 at 12:23:13

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As far as grant of conditional leave to defend or dismissal of the review is concerned, revision under Section 115 of CPC is not maintainable in view of the proviso to Section 115(1) of CPC.

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Mr. Gaurav Singh, learned counsel for the petitioner, submits that a revision petition was filed, as that is the remedy available in respect of dismissal of the application under Order VII Rule 11 of CPC.

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However, after some argument, he seeks to withdraw this revision petition, with liberty to challenge the order dated 02.03.2024 and dismissal of the review by order dated 11.09.2025, on such grounds as may be available to the petitioner in law.

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The petition, alongwith pending application, is dismissed as withdrawn with liberty as aforesaid.

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It is made clear that this Court has not made any comments on the merits of the matter.

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PRATEEK JALAN, J

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NOVEMBER 20, 2025 ‘Bhupi’/AD/

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Page 2 of 2

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C.R.P. 310/2025

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This is a digitally signed order.

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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 22/11/2025 at 12:23:13

Captain (Veteran) Shalini Singh v. Major Kulwant Singh Dhami

Case brief

What is this about?

What did the court decide?

Captain (Veteran) Shalini Singh v. Major Kulwant Singh Dhami

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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