Disposed¶21

Sanjeev Malhotra v. Inder Mongia

Delhi HC10 Feb 2025CM(M)/3866/2024

Case brief

AI extract

What is this about?

Sanjeev Malhotra v Inder Mongia; CM(M) 3866/2024; High Court of Delhi; Justice Ravinder Dudeja; decision 10.02.2025; Article 227 Constitution of India; Order 2 Rule 2 CPC application dismissed 30.05.2024; review application dismissed 24.09.2024; maintainability of suit to be decided before plaintiff's evidence; non-registration of agreement; improper valuation and court fees affixation; declaration, mandatory injunction and possession suit; Senior Civil Judge; trial court directed to adjudicate maintainability per law.

What did the court decide?

Direction to the trial Court to decide the question of maintainability, as propounded vide order dated 16.02.2022, as per law. ¶21

Sanjeev Malhotra Vs Inder Mongia — Writ and Judicial Review | Delhi HC (2025)

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$~4

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CM(M) 3866/2024 & CM APPL. 67685/2024 EXEMPTION SANJEEV MALHOTRA .....Petitioner

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Through: Ms. Ridhima Malhotra and Mr. Kushagra Ojha, Advocates.

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versus

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INDER MONGIA .....Respondent Through: None.

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CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA

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O R D E R

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% 10.02.2025

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This is a petition under Article 227 of the Constitution of India, impugning the order dated 24.09.2024, passed by learned Senior Civil Judge, whereby the review application filed by the petitioner has been dismissed.

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None appeared on behalf of respondent when the matter was called.

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Petitioner is defendant No. 1 in the suit filed by the respondent, seeking declaration, mandatory injunction and possession.

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While the suit was pending, learned trial court vide order dated 16.02.2022, suo moto raised queries with respect to maintainability of the suit on two grounds, namely, the “non-registration of agreement from which the suit emanates” and also “the improper valuation of the suit and affixation of court fees”. Parties were directed to file their written submissions on the issue raised by the learned court.

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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 17/02/2025 at 17:22:37

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Parties filed their respective written submissions. A perusal of the order dated 27.07.2022 reveals that after hearing arguments on the issue of maintainability, the matter was reserved for orders.

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It appears that while the matter was reserved for orders on the above mentioned issues, respondent moved an application under Order 2 Rule 2 CPC on 01.02.2023 and petitioner was directed to file reply to the said application.

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Application under Order 2 Rule 2 CPC was dismissed vide order dated 30.05.2024. However, while dismissing the said application, the case was fixed for plaintiff’s evidence in ignorance of the fact that the issue of maintainability of the suit as raised vide order dated 16.02.2022 was yet to be adjudicated upon.

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The review application filed by the petitioner was dismissed vide order dated 24.09.2024 for the reason that no ground for review was made out in the application.

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The limited grievance of the petitioner is that the question of maintainability should be decided before directing the parties to lead their evidence.

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I find merit in the argument of the learned counsel, inasmuch as, the question of maintainability of the suit goes to the root of the case, and therefore, should be decided before taking the evidence on record with regard to the merits of the case.

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The petition is therefore disposed of with direction to the trial Court to decide the question of maintainability, as propounded vide order dated 16.02.2022, as per law.

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A copy of this order be given dasti under the signatures of the Court Master.

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RAVINDER DUDEJA, J

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FEBRUARY 10, 2025/ vp

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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 17/02/2025 at 17:22:37

Sanjeev Malhotra v. Inder Mongia

Case brief

What is this about?

What did the court decide?

Sanjeev Malhotra v. Inder Mongia

Case brief

What is this about?

What did the court decide?

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What the court decided

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