Dismissed¶19

Rakesh Verma v. Jasvinder Kaur Walia

Delhi HC13 Feb 2025CM(M)/88/2025

Case brief

AI extract

What is this about?

Article 227 petition; affidavit of admission/denial of documents; Section 141 CPC; Section 151 CPC; cost Rs.40,000/-; withdrawal of petition; dismissal as withdrawn; Civil Suit (COMM) 530/2023; District Judge order dated 23.12.2024; CM(M) 88/2025; CM APPL. 2865/2025 (stay); CM APPL. 2866/2025 (exemption); High Court of Delhi; Justice Ravinder Dudeja; payment deadline 05.03.2025; Rakesh Verma v. Jasvinder Kaur Walia.

What did the court decide?

No substantive relief on the challenge; petition permitted to be withdrawn, with the petitioner directed to pay the Trial Court cost of Rs.40,000/- to the respondent on or before 05.03.2025. Exemption application (CM APPL. 2866/2025) allowed subject to all just exceptions. ¶19

Rakesh Verma Vs Jasvinder Kaur Walia — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the order dated 23.12.2024 of the learned District Judge in Civil Suit (COMM) 530/2023 — allowing the petitioner's application under Sections 141 & 151 CPC for filing a correct affidavit of admission/denial of documents and imposing cost of Rs.40,000/- payable to the plaintiff — should be interfered with in this petition under Article 227 of the Constitution of India.

¶14

Court's answer

The petition is dismissed as withdrawn, with a direction to the petitioner to pay the cost awarded by the learned Trial Court to the respondent on or before 05.03.2025; the counsel's statement that the petitioner is ready and willing to pay the cost (subject to grant of time) is taken on record.

¶19

Ratio / Principle

CM APPL. 2866/2025 (exemption) is allowed, subject to all just exceptions.

¶11

Detailed headnote1 paragraphs

Delhi High Court (Ravinder Dudeja, J., 13.02.2025), CM(M) 88/2025 — Rakesh Verma v. Jasvinder Kaur Walia: Petition under Article 227 of the Constitution of India challenging the order dated 23.12.2024 passed by the learned District Judge in Civil Suit (COMM) 530/2023 ('Ms. Jasvinder Kaur Walia Versus Rakesh Verma'), whereby the petitioner's application under Sections 141 & 151 CPC for filing a correct affidavit of admission/denial of documents was allowed, subject to cost of Rs.40,000/- payable to the plaintiff. After part submissions, counsel for the petitioner stated that the petitioner was ready and willing to pay the imposed cost, subject to grant of further time, and did not wish to press the petition, seeking permission to withdraw it. The statement was taken on record; the petition was dismissed as withdrawn with a direction to pay the Trial Court cost on or before 05.03.2025. The exemption application (CM APPL. 2866/2025) was allowed subject to all just exceptions. No adjudication on the merits of the Article 227 challenge.

¶1

$~53

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CM(M) 88/2025

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RAKESH VERMA .....Petitioner

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Through: Mr. Rakesh C. Agrawal, Mr. Sandeep, Mr. Kartik Kumar Aggarwal, Ms. Manju Agarwal and Ms. Komal Gupta, Advs.

¶6

versus

¶7

JASVINDER KAUR WALIA .....Respondent Through: Mr. Hemant Singh, Adv.

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CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA

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O R D E R % 13.02.2025

¶10

CM APPL. 2866/2025 (exemption)

¶11

Allowed, subject to all just exceptions.

¶12

The application stands disposed of.

¶13

CM(M) 88/2025 & CM APPL. 2865/2025 (stay)

¶14

This is a petition under Article 227 of the Constitution of India, challenging the order dated 23.12.2024 in Civil Suit (COMM) 530/2023 titled as “ Ms. Jasvinder Kaur Walia Versus Rakesh Verma” whereby the learned District Judge while allowing the application of the petitioner under Section 141and 151 CPC for filing correct affidavit of admission/denial of the documents, imposed cost of Rs.40,000/- payable to the plaintiff.

¶15

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 15/02/2025 at 12:00:27

¶16

After part submissions, the learned counsel for the petitioner submits that the petitioner is ready and willing to make the payment of cost as imposed by the learned Trial Court, subject to further grant of 20 days time.

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He further submits that subject to grant of time to pay the cost, the petitioner does not want to press the present petition and seeks permission to withdraw the same.

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The statement made by the learned counsel for the petitioner is taken on record.

¶19

The petition is dismissed as withdrawn with direction to the petitioner to pay the cost awarded by the learned Trial Court to the respondent herein on or before 05.03.2025.

¶20

RAVINDER DUDEJA, J

¶21

FEBRUARY 13, 2025/ sky/r

¶22

Rakesh Verma v. Jasvinder Kaur Walia

Case brief

What is this about?

What did the court decide?

Rakesh Verma v. Jasvinder Kaur Walia

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

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