Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Dainik Tribune vs Amit Suneja & Ors on 12 September, 2022

Author: Dinesh Kumar Sharma

Bench: Dinesh Kumar Sharma

                          $~33
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      C.R.P. 139/2022
                                 DAINIK TRIBUNE                                       ..... Petitioner
                                                     Through:      Mr. N. B. Joshi, Mr. Neeraj K. Gupta
                                                                   and Mr. Ranjeet Kumar Singh, Advs.
                                                     versus

                                 AMIT SUNEJA & ORS.                                ..... Respondents
                                                     Through:      Mr. Dhurv Chawla and Ms. Anita
                                                                   Kumari, Advs. for R-6.
                                 CORAM:
                                 HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
                                              ORDER

% 12.09.2022 CM APPL. 40009-10/2022 (Exemptions) Exemptions are allowed subject to all just exceptions.

The present revision petition has been filed challenging the order dated 12th July, 2022 whereby the application under Order 7 Rule 11 CPC was dismissed.

The petitioner herein was impleaded by defendant No.1 (plaintiff before the Trial Court) alongwith two other newspapers namely „Dainik Bhaskar‟ and „Punjab Keshari‟.

Learned counsel for the petitioner submits that though in the impugned order, learned Trial Court acknowledges that defendant No.3 as well as defendant No.5 are not juristic person, but did not allow the application for rejection of the suit.

Learned counsel for the petitioner has further submitted that it was initially a suit filed for compensation against four private parties however, later on, on an application moved by the plaintiff, the defendant No.3 and 4 (who were private parties) were deleted and three newspapers namely „Dainik Tribune‟, „Dainik Bhaskar‟ and „Punjab Keshari‟ were impleaded.

Learned counsel for the petitioner submits that no application for amendment of plaint were made thus, in the entire plaint, there are no allegations against him.

On advance notice, Mr. Dhurv Chawla, learned counsel appears on behalf of „Punjab Keshari‟-respondent No.6 and submits that he is aggrieved of the impugned order and he may be transposed as petitioner No. 2 in the present petition. Learned counsel for the respondent No.6 submits that otherwise, he will have to file revision petition challenging the same impugned order dated 12th July, 2022.

Learned counsel for the petitioner submits that in order to avoid multiplicity of cases, respondent No.6 may be transposed as petitioner No. 2 in the present case.

In view of the submissions made above, the Respondent No.6 is transposed as petitioner No.2 in the present case.

Let amended memo of parties be filed.

Issue notice to the respondents through all permissible modes upon filling the PF by the petitioner, returnable on 10th January, 2023. CM APPL. 40008/2022 (stay) Learned counsel for the petitioner submits that the further proceedings in Civil Suit bearing CS No.98687/2016 titled "Amit Suneja & Anr V. Ashwani Kumar Sharma & Ors." be also stayed.

The Court is informed that the Civil Suit bearing CS No.98687/2016 titled "Amit Suneja & Anr V. Ashwani Kumar Sharma & Ors." is at the stage of plaintiff‟s evidence before the Trial Court.

I consider that there would be no purpose in staying the proceedings, however the Trial Court shall await the orders of this Court before finally deciding the suit.

Issue notice to the respondents through all permissible modes upon filling the PF by the petitioner, returnable on 10th January, 2023 DINESH KUMAR SHARMA, J SEPTEMBER 12, 2022 Pallavi Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:12.09.2022 17:13:20