Surender Kumar Goyal v. Savitri

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 89/2024 & CM APPL. 6819/2024 and CM APPL. 6820/2024 SURENDER KUMAR GOYAL .....Appellant Through:

Mr. Ankit Mukheja, Adv.

versus SAVITRI .....Respondent Through:

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 31.07.2024 1.

The prayer made in the present Appeal reads as follows: "a.. Allow the present appeal and may set aside the impugned order dated 04.01.2024 passed by Sh. Somitra Kumar, Ld. ADJ in case titled as "Surender Kumar Goyal vs. Savitri" (CS DJ No. 933/2018) vide which the Ld. ADJ had decided the issue of maintainability and rejected the plaint in exercise of power under Order VII Rule 11 of The Code of Civil Procedure, 1908 for lacking cause of action as well as being barred by law..."

2.

The challenge of the present Appeal is to an order dated 04.01.2024 by which the learned Trial Court has rejected the plaint under Order VII Rule 11 of Code of Civil Procedure, 1908 for not disclosing cause of action as well as being barred by law.

3.

Learned Counsel for the Appellant seeks to withdraw the present Appeal with liberty to file an appropriate Appeal challenging the decree as well.

4.

The Appeal is accordingly dismissed as withdrawn with the liberty as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.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 03/08/2024 at 10:48:21

prayed for.

5.

All pending Applications stand disposed of.

6.

TARA VITASTA GANJU, J JULY 31, 2024/SA Click here to check corrigendum, if any 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 03/08/2024 at 10:48:21