Moolchand and Ors. v. Dalsukh and Ors.
Case brief
What is this about?
This is an Administrative Reference filed under Section 194 of the CPC regarding the disposal of two appeals. The Delhi High Court combined the Civil Appeal and the Civil Revision. The issue involves the power of the Commercial Court and the High Court in passing an interlocutory order.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
S.B. Civil First Appeal No. 605/2003
S.B. Civil Revision No. 139/2009
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S.B. Civil First Appeal No.605/2003
Moolchand And Ors
----Appellant
Versus
Dalsukh And Ors
----Respondent
S.B. Civil Revision No. 139/2009
Smt Janki And Ors
----Appellant
Issues for consideration
3 issues framed by the court
Whether to allow S.B. Civil First Appeal No. 605/2003 and S.B. Civil Revision No. 139/2009 together given their procedural form under Section 194 CPC?
Whether the High Court below acted in violation of natural justice or law in rejecting the appeals by the respondents?
Whether the Delhi High Court can exercise power in writ jurisdiction over a matter decided by the Commercial Court under Section 194 CPC?
Parties & counsel
- appellant
Moolchand And Ors
- respondent
Dalsukh And Ors
- appellant
Smt Janki And Ors
- respondent
Dalsukh @ Dilip
Coram
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · February
- Registered
- Case no.
- CFA/605/2003
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