Delhi High Court - Orders
Rajan Lao vs North Delhi Municipal Corporation & Ors on 24 May, 2022
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM (M) 481/2022 & CM APPLs. 24746-47/2022
RAJAN LAO ..... Petitioner
Through: Mr. J.M. Kalia, Mr. Dhruv
Kalia, and Mr. Siddhartha Shukla, Advs.
versus
NORTH DELHI MUNICIPAL CORPORATION & ORS.
..... Respondents
Through: Mr. Anuj Chaturvedi, Standing
Counsel for North DMC
Ms. Pavitra Kaur, Adv. for R-3
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 24.05.2022
1. The order impugned in the present petition allows an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) filed by the respondent and accordingly dismisses the suit of the petitioner.
2. I queried of Mr. Kalia, learned Counsel for the petitioner, as to whether the impugned order would not be appealable under Section 96 of the CPC read with Section 2(2), inasmuch as it is the formal expression of an adjudication which conclusively determines the rights of the party with respect to the matters in controversy in the suit.
3. Mr. Kalia submits that, unless a formal decree is directed to be issued, the order would not be appealable. He seeks a short adjournment in order to cite law in his favour.
Signature Not Verified Digitally Signed CM(M) 481/2022 Page 1 of 2 By:SUNIL SINGH NEGI Signing Date:25.05.2022 18:22:594. Accordingly, re-notify on 27th May, 2022.
C. HARI SHANKAR, J MAY 24, 2022 dsn Signature Not Verified Digitally Signed CM(M) 481/2022 Page 2 of 2 By:SUNIL SINGH NEGI Signing Date:25.05.2022 18:22:59