Vsay Foods LLP & Ors. v. Suraj Parkash Wahi (Since Deceased) through Lrs. and Ors.
Case brief
What is this about?
Delhi High Court, CM(M) 4149/2024 (decided 10.01.2025, Ravinder Dudeja, J): second application under Order VII Rule 10 CPC for return of plaint held not maintainable after prior dismissal of Order VII Rule 11 (d) plea that the rent-recovery suit was a commercial dispute under Section 2(1)(c)(vii) Commercial Courts Act, 2015; amendment of plaint under Order VI Rule 17 CPC creates no fresh cause of action and does not alter the nature of the suit; impugned Trial Court order of 26.09.2024 upheld; petition dismissed. Parties: Vsay Foods LLP v. Suraj Parkash Wahi (through LRs); suit from Tis Hazari Courts.
What did the court decide?
A second application under Order VII Rule 10 CPC taken on the same ground is not maintainable; the earlier rejection of the commercial-dispute plea had attained finality as it was never challenged. ¶¶19