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Delhi High Court - Orders

Satish Swaroop & Anr vs Nipon Dholua on 13 December, 2021

Author: Amit Bansal

Bench: Amit Bansal

                          $~25
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     CM(M) 1149/2021

                                SATISH SWAROOP & ANR.                  ..... Petitioners
                                             Through: Mr. Abhijeet Swaroop, Advocate

                                                    versus

                                NIPON DHOLUA                                         ..... Respondent
                                                    Through:      None.

                                CORAM:
                                HON'BLE MR. JUSTICE AMIT BANSAL

                                         ORDER

% 13.12.2021 CM No.44778/2021 (for exemption)

1. Allowed, subject to all just exceptions.

2. The application is disposed of.

CM(M) 1149/2021

3. The present petition under Article 227 of the Constitution of India impugns the order dated 16th October, 2021 passed by the Additional District Judge-08, West, Tis Hazari Courts, Delhi in Civil Suit No.678/2020, whereby the application filed on behalf of the petitioners/plaintiffs under Order XII Rule 6 of the Code of Civil Procedure, 1908 has been dismissed.

4. The counsel for the petitioners has drawn attention of this Court to the legal notice dated 11th February, 2020 and the reply thereto dated 14th February, 2020 by the respondent/defendant to contend that there has been a clear admission of liability on part of the respondent/defendant.

5. Notice be issued to the respondent/defendant through all permissible Signature Not Verified Signed By:ARUNA KANWAR CM(M) 1149/2021 Page 1 of 2 Signing Date:13.12.2021 22:28:05 modes and also to the counsel appearing on behalf of the respondent/defendant before the Trial Court.

6. Reply be filed within four weeks.

7. Rejoinder thereto, if any, be filed before the next date of hearing.

8. List on 21st February, 2022.

9. It is clarified that the proceedings before the Trial Court shall continue.

AMIT BANSAL, J.

DECEMBER 13, 2021 dk Signature Not Verified Signed By:ARUNA KANWAR CM(M) 1149/2021 Page 2 of 2 Signing Date:13.12.2021 22:28:05