Dismissed¶18

Vipul Aggarwal v. Manju Aggarwal & Anr.

Delhi HC7 Jul 2025FAO(OS)/74/2025

Case brief

AI extract

What is this about?

FAO(OS) 74/2025; VIPUL AGGARWAL v. MANJU AGGARWAL & ANR.; High Court of Delhi; decided 07.07.2025; recall application versus review; Section 151 CPC; Order XLVII Rule 1 CPC; I.A.No. 10737/2025; CS(OS) no. 882/2023; order dated 18.12.2024; impugned order dated 29.04.2025; Registry failure to list earlier appeal rejected; appeal dismissed; exemption application CM APPL. 39097/2025 allowed.

What did the court decide?

The Division Bench finds no infirmity in the impugned order dated 29.04.2025 dismissing the Section 151 CPC recall application. ¶15

Vipul Aggarwal Vs Manju Aggarwal & Anr. — Delhi HC (2025) — LawSathi Research

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$~91

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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FAO(OS) 74/2025 VIPUL AGGARWAL .....Appellant Through: Mr.Ravinder Malik, Adv.

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versus

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MANJU AGGARWAL & ANR. .....Respondents Through: Mr.Rajeev Aggarwal, Mr.Mayank Kamra, Advs.

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CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR

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O R D E R % 07.07.2025

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CM APPL. 39097/2025 (Exemption)

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Allowed, subject to all just exceptions. FAO(OS) 74/2025

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This appeal has been filed, challenging the Order dated 29.04.2025 passed by the learned Single Judge of this Court in I.A.No. 10737/2025 in CS(OS) no. 882/2023, dismissing the said application filed by the appellant herein under Section 151 of the Code of Civil Procedure, 1908 (in short, ‘CPC’). By the said application, the appellant had prayed for recall of the order dated 18.12.2024.

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The learned Single Judge has dismissed the said application stating that the application is in fact drafted like an appeal and is seeking review of the Order dated 18.12.2024 in the garb of application seeking recall.

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We note that the Order dated 18.12.2024 has not been

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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 13:09:12

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challenged by the appellant before us. As far as the Impugned Order is concerned, we find no infirmity in the said Order. It is settled law that the applicant, in the garb of an application seeking clarification or recall, cannot circumvent the provision of Order XLVII Rule 1 of the CPC and seek the review of the Order already passed.

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The learned counsel for the appellant submits that he had earlier filed an appeal seeking to challenge the Order dated 18.12.2024 but the Registry did not list the same.

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We find that the above submission is not acceptable. The appellant could have requested the Registry to place the appeal before this Court subject to the objection. We cannot today make a guess as to what was the reason behind the Registry not placing the said appeal before us.

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Accordingly, we find no merit in the present appeal. The same is dismissed.

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NAVIN CHAWLA, J

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RENU BHATNAGAR, J

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JULY 7, 2025/Arya/ik

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Click here to check corrigendum, if any

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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 13:09:12

Vipul Aggarwal v. Manju Aggarwal & Anr.

Case brief

What is this about?

What did the court decide?

Vipul Aggarwal v. Manju Aggarwal & Anr.

Case brief

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