Disposed

Ashok Kumar Sood (Since Deceased Thr Lr) v. Praveen Sood & Ors.

Delhi HC8 Jul 2025CM(M)/873/2015

Case brief

AI extract

What is this about?

Petitioner sought to challenge the trial court's handling of an Order VII Rule 11 CPC application but did not press the petition since a preliminary issue was pending before the trial court. The High Court permitted withdrawal, granted liberty to challenge later, and reserved all rights and contentions.

What did the court decide?

Petition permitted to be withdrawn with liberty as prayed; all rights and contentions reserved.

Ashok Kumar Sood (Since Deceased Thr Lr) Vs… — Civil Procedure and Limitation | Delhi HC (2025)

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$~8

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CM(M) 873/2015 & CM APPL. 20181/2015 & CM APPL. 44545/2017

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ASHOK KUMAR SOOD (SINCE DECEASED THR LR)

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.....Petitioner

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Through: Mr. Mukesh Goel and Ms. Priya, Advocates

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versus

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PRAVEEN SOOD & ORS .....Respondent Through: Mr. Ravi Chawla, Ms. Arsheiya Munjal and Mr. Daksh Tikoo, Advocates for R-1, R-2 & R-3 Mr. Ajay Kohli and Ms. Dipika Prasad, Advocates for R-4

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CORAM:

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HON'BLE MR. JUSTICE MANOJ JAIN

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O R D E R

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% 08.07.2025

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Petitioner is aggrieved by the dismissal of his application moved under Order VII Rule 11 CPC.

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Mr. Mukesh Goel, learned counsel for petitioner, however, submits that a preliminary issue was also framed by the learned Trial Court and the learned Trial Court has heard arguments on such preliminary issue and matter is now fixed for orders on such preliminary issue. He submits that in view of the above, at the moment, he does not press his present petition. He, however, submits that in case the preliminary issue is answered against him, he may be given liberty to challenge the same, in accordance with law.

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Learned counsel for respondents/plaintiffs submits that when the learned Trial Court had taken up application moved under Order VII Rule 11

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CM(M) 873/2015 1

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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 14/07/2025 at 12:51:27

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CPC, it disposed of the same while holding that the aspects raised in the aforesaid application could be effectively adjudicated only once the parties were granted opportunities to lead their respective evidence. He submits that in view of the above, the preliminary issue cannot be answered, without there being due opportunity of leading evidence to both the parties.

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Be that as it may, since Mr. Mukesh Goel, learned counsel for petitioner submits that learned Trial Court has already heard arguments on the legal/preliminary issue and the matter is reserved for orders, the present petition is permitted to be withdrawn.

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Petition stands disposed of as withdrawn. Liberty, as prayed, is granted.

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All the rights and contentions of the parties are, however, reserved.

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It is also clarified that this Court has not given any observation, either way, with respect to the assertions raised in the present petition.

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MANOJ JAIN, J

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JULY 8, 2025/ dr/shs

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CM(M) 873/2015 2

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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 14/07/2025 at 12:51:27

Ashok Kumar Sood (Since Deceased Thr Lr) v. Praveen Sood & Ors.

Case brief

What is this about?

What did the court decide?

Ashok Kumar Sood (Since Deceased Thr Lr) v. Praveen Sood & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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