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Prithipal Singh (Deceased) Thr Lr ... vs S. Jatinder Pal Singh & Ors on 15 July, 2025

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~269
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         RFA 615/2025, CM APPL. 41059/2025
                                    PRITHIPAL SINGH (DECEASED) THR LR GURMEET KAUR
                                                                                                             .....Appellant
                                                                  Through:            Mr. Samrat Nigan, Sr. Advocate with
                                                                                      Ms. Prerna Mehta, Mr. Abhimanyu
                                                                                      Arun Walia and Ms. Arpita Rawat,
                                                                                      Advocates.
                                                   versus
                                    S. JATINDER PAL SINGH & ORS.                                                       .....Respondents
                                                   Through:

                                    CORAM:
                                    HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                                  ORDER

% 15.07.2025 CM APPL. 41060/2025 (exemption) Exemption allowed, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed-of.

CM APPL. 41061/2025 (exemption from filing Trial Court Record) By way of the present application filed under section 151 of the Code of Civil Procedure 1908 ('CPC'), the appellant/applicant seeks exemption from filing the entire Trial Court Record.

2. For the reasons stated in the application, which is duly supported by an affidavit, the application is allowed.

3. Let trial court record be requisitioned in electronic form; and copy of TCR be supplied to counsel on request.

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 21/07/2025 at 21:32:30

4. The application stands disposed-of.

CM APPL. 41062/2025 (condonation of delay in re-filing)

5. By way of the present application filed under section 151 of the Code of Civil Procedure 1908 ('CPC'), the appellant seeks condonation of about 209 days' delay in re-filing the regular first appeal.

6. For the reasons stated in the application, which is duly supported by affidavit, the delay is condoned.

7. The application is allowed.

RFA 615/2025 & CM APPL. 41059/2025 (stay)

8. By way of the present regular first appeal filed under section 96 CPC, the appellant impugns judgment and decree dated 18.12.2023 passed by the learned Additional Session Judge, West, Tis Hazari Courts, Delhi in suit bearing CS DJ No.16426/2016.

9. Issue notice.

10. Upon the appellant taking steps, let notice be sent to the respondents by all permissible modes, returnable for the next date.

11. Let the notice indicate that reply to CM APPL. 41059/2025 be filed within 03 weeks of service; rejoinder thereto, if any, be filed within 02 weeks thereafter.

12. No reply is required in the appeal.

13. Re-notify on 01st September 2025 before the learned Joint Registrar for completion of service; and for completion of pleadings in the application.

14. List before court thereafter.

ANUP JAIRAM BHAMBHANI, J JULY 15, 2025/ss RFA 615/2025 Page 2 of 2 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 21/07/2025 at 21:32:30