Delhi High Court - Orders
Ms Priyanka Aggarwal vs Shri Chander Mohan & Ors on 9 July, 2024
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 23/2024 & I.A. 672-74/2024, 32688/2024
MS PRIYANKA AGGARWAL .....Plaintiff
Through: Mr. Sachin Chopra and Ms. Astha
Gupta, Advs.
versus
SHRI CHANDER MOHAN & ORS. .....Defendants
Through: Mr. Anupam Srivastava, ASC for
GNCTD with Mr. Vasuh Misra, Adv.
for D-5.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 09.07.2024
1. This is a suit which was instituted by the plaintiff before the learned Civil Judge, District Court, Rohini.
2. The learned counsel for the plaintiff submits that on an objection raised by the defendant no.2 as to the pecuniary jurisdiction, the plaintiff moved an application under Order VII Rule 10 CPC seeking return of the plaint.
3. The said application was allowed and the plaint was accordingly returned to the plaintiff for being filed before an appropriate Court. He submits that subsequently the plaint has been presented before this Court.
4. The learned counsel for defendant no.6 at the outset submits that the present suit is not a continuation of the previous suit and it has to be treated as a fresh suit for all intents and purposes. In support of his contention, he places reliance on the decision of a coordinate bench of this Court in T. This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/07/2024 at 23:14:28 Venkat Ram Reddy vs. Blue Chip Capital Services Pvt. Ltd. and Ors, 245(2017) DLT 212.
5. He further invites the attention of the Court to para 37 of the said judgment to contend that the benefit of Section 14 of the Limitation Act cannot be automatically extended to the plaintiff, in as much as the plaintiff is under an obligation to show to this Court that she had been prosecuting the suit against the defendants before the learned Civil Judge, a wrong forum, with due diligence.
6. Faced with above situation, the learned counsel for the plaintiff seeks time to examine the said judgment and to make his submissions. He further submits that he will obtain instructions from the plaintiff as to whether the plaintiff wishes to drop the defendant no.6, who is only a proforma party, from the array of defendants.
7. At request, list on 07.10.2024.
VIKAS MAHAJAN, J JULY 9, 2024/dss This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/07/2024 at 23:14:28