Delhi High Court - Orders
Raj Prakash (Deceased) Thru Lr'S vs Vidyawati (Deceased) Thru Lr'S And Ors on 2 September, 2022
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1994/1998 & I.A. 11180/2018
RAJ PRAKASH (DECEASED) THRU LR'S ..... Plaintiff
Through: Mr. Mahendra Rana, Advocate.
versus
VIDYAWATI (DECEASED) THRU LR'S AND ORS.
..... Defendants
Through: Mr. Dushyant Sisodiya, Advocate for
D-6 with D-6 in person.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 02.09.2022 CCP(O) 116/1999 (U/O 39 Rule 2A read with Sections 10 & 12 of the Contempt of Courts Act, 1971 and Article 215 of the Constitution of India
1. The present application has been filed under Order 39 Rule 2A read with Sections 10 and 12 of the Contempt of Courts Act, 1971 and Article 215 of the Constitution of India on behalf of the plaintiff.
2. It is submitted that the Civil Suit bearing No. CS(OS) 1994/1998 was rejected under Order 7 Rule 11 of the Code of Civil Procedure, 1908 vide Order dated 19th September, 2003 against which the RFA No. 865/2005 was filed, the same has been allowed vide Order dated 31st July, 2018 and it had been observed that the Civil Court has the jurisdiction to try the civil suit.
4. Therefore, on account of change of the pecuniary jurisdiction, the case has been transferred to District Judge, Rohini Courts for adjudication.
5. The present Contempt Application arises from a Civil Suit which Signature Not Verified Digitally Signed By:SAHIL SHARMA Signing Date:06.09.2022 17:53:08 stands transferred to the District Courts, Rohini.
6. Learned counsel for the plaintiff prays for an adjournment to address the argument the Contempt Application dehors the Civil Suit shall continue to be tried as per law by this Court.
7. At request, adjourned to 14th September, 2022 for arguments.
NEENA BANSAL KRISHNA, J SEPTEMBER 2, 2022 S.Sharma Signature Not Verified Digitally Signed By:SAHIL SHARMA Signing Date:06.09.2022 17:53:08