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High Court of DelhiRFA/100/2019

Vikramjeet Suri & ANR v. Neelam

2019-02-05Hon'Ble Mr. Justice Valmiki J. Mehta2 pages

$~14 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 100/2019 and C.M. No.5382/2019(exemption) VIKRAMJEET SURI & ANR ..... Appellants Through:

Mr. Roop Narain, Advocate with Mr.

Avijit Mishra, Advocate and Mr.

Piyush Mishra, Advocate (M.

No.9560299886).

versus NEELAM ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 05.02.2019 1.

After arguments, this appeal is disposed of as not pressed by noting that the appellants/defendants have not filed the written statement in the trial court, have not led their evidence and have not even cross-examined the witnesses of the respondent/plaintiff.

If the case of the appellants/defendants is that their Advocate was guilty in conduct of the case, then, the remedy is definitely not by way of this appeal as this Court has to treat the record of the trial court as final but the remedy of the appellants will be, if permissible in law, to move an application before the trial court and this is without observing in any manner with respect to

maintainability or merits of such an application if moved by the appellants before the trial court.

2.

Appeal is accordingly disposed of with the aforesaid observations.

VALMIKI J. MEHTA, J FEBRUARY 05, 2019 Ne