- Court
- High Court of Delhi
- Decided
- 1 November 2017
- Bench
- Rajiv Sahai Endlaw
- Case no.
- CM(M) 1240/2017
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Judgment
O R D E R %
01.11.2017
CM No.39343/2017 (for exemption)
¶1Allowed, subject to just exceptions.
¶2The application is disposed of. CM(M) 1240/2017 & CM No.39344/2017 (for stay)
¶3This petition under Article 227 of the Constitution of India impugns the orders [dated 14th October, 2017 and 24th October, 2017 in CS No.(252/2014) 476233/2015 of the Court of Additional District Judge
(ADJ), North-West District, Karkardooma Courts, Delhi] closing the evidence of the petitioner / defendant no.2 and dismissing the application of the petitioner / defendant no.2 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC).
¶4Against the order of closure of evidence, a petition under Article 227 of the Constitution of India would lie and against the order of dismissal of an application under Order VII Rule 11 of the CPC, a Revision Petition would lie.
CM(M) 1240/2017
¶5However, even if ignoring the technicality aforesaid, the petition is to be seen, it is found that the learned ADJ, vide order dated 24th October, 2017 posted the suit on 30th October, 2017 for hearing final arguments therein.
¶6On enquiry, it is informed that now the suit (informed to have been filed in the year 2008) is posted tomorrow for orders.
¶7It is not deemed appropriate to interfere at the stage when the suit from which this petition arises is listed for final order / judgment therein.
¶8The petition is disposed of with liberty to the petitioner / defendant no.2 to, if remains aggrieved from the final order / judgment in the suit, to in the remedy, if any preferred thereagainst, also urge the grounds as urged in this petition.
¶9With the aforesaid liberty, the petition is disposed of.
No costs.
RAJIV SAHAI ENDLAW, J NOVEMBER 01, 2017 "gsr"..
CM(M) 1240/2017
Case details
Parties and counsel
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1240/2017 PHOOL KUMAR ..... Petitioner Through: Ms. Ananya Prajapati, Adv. Versus SHIV CHARAN DECEASED THROUGH LRS ..... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
Source: High Court of Delhi, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.