Supreme Court - Daily Orders
Jagmohan Singh vs Dsgmc on 1 May, 2023
Author: M.R. Shah
Bench: M.R. Shah
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2023
(Arising from SLP(C)No. 19640/2022)
JAGMOHAN SINGH APPELLANT(S)
VERSUS
DSGMC & ORS. RESPONDENT(S)
O R D E R
Leave granted.
Feeling aggrieved and dissatisfied with the impugned judgment and order dated 01-12-2021 passed by the High Court of Delhi at New Delhi in CM(M) No. 601/2020, by which the High Court has allowed the said revision application and has set aside the order passed by the learned Trial Court passed in an application under Order 22 Rule 4/9 of the Code of Civil Procedure, 1908 (CPC) and set aside the abatement and directed that the heirs of defendant no.1 be brought on record, the original plaintiff has preferred the present Appeal.
Having heard learned counsel appearing on behalf of the respective parties and having gone through the order passed by the learned Trial Court as well as that of the impugned judgment and order passed by the High Court, we are of the opinion that the High Court has taken too technical view while quashing and setting aside Signature Not Verified the Digitally signed by Neetu Sachdeva order passed by the learned Trial Court allowing the Date: 2023.05.08 16:26:54 IST Reason:
application under Order 22 Rule 4/9 of the CPC.
Contd..
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At the outset, it is required to be noted that on the basis of the report filed by the bailiff/processor, immediately having come to know that defendant no.1 has died, the application was filed on 08.11.2017 which was taken up on 09.11.2017 and the direction was issued for issuance of the notice on the said application to proposed Lrs., and thereafter when the learned Trial Court exercised discretion and set aside the abatement of the suit qua defendant no.1 and passed an order to implead the Lrs. of defendant no.1 on record, the same ought not to have been set aside by the High Court.
At this stage, learned Senior Advocate appearing on behalf of the contesting respondent(s) herein has stated that, in fact, the learned Trial Court has not considered any other issue, namely, whether on the death of original defendant no.1, the right to sue survives or not. It will be open for the Trial Court to consider the same in accordance with law and on its own merits as and when such issue is raised.
In view of the above and for the reasons stated hereinabove, the impugned judgment and order(s) passed by the High Court is set aside and the order passed by the learned Trial Court is restored. However, it is observed that any other issue, namely, on the death of defendant no.1, the right to sue survives or not is kept open and as and when such an issue is raised, the same may be considered and dealt with by the learned Trial Court in accordance with law and on its own merits as by the order passed by the Trial Court, contd..
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the Trial Court has only set aside the abatement and directed the Lrs. of defendant no.1 to be brought on record without deciding any other issue.
The present appeal is accordingly allowed with above observations. No costs.
.......................... J.
(M.R. SHAH) .......................... J.
(AHSANUDDIN AMANULLAH) New Delhi;
May 01, 2023.
ITEM NO.30 COURT NO.4 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 19640/2022
(Arising out of impugned final judgment and order dated 01-12-2021 in CM(M) No. 601/2020 passed by the High Court of Delhi at New Delhi) JAGMOHAN SINGH Petitioner(s) VERSUS DSGMC & ORS. Respondent(s) (IA No. 133770/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 01-05-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Sujeet Kumar Mishra, Adv.
Mr. Anil Kumar, Adv.
Mr. Raj Kishor Choudhary, AOR For Respondent(s) Mr. A P S Ahluwalia, Sr. Adv.
Mr. Abinash Kumar Mishra, AOR Mr. S S Ahluwalia, Adv.
Mr. Gaurav Kumar Pandey, Adv.
Mrs. Jyotshna Kaur, Adv.
Mr. Praveen Swarup, AOR Ms. Payal Swarup, Adv.
Mr. Devesh Maurya, Adv.
Mr. Chandra Pratap Singh, Adv. Mr. Dawneesh Shaktivats, Adv. Mr. Hari Sahteshwar, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order. Pending application(s) shall stand disposed of. (NEETU SACHDEVA) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (signed order is placed on the file)