Asrs International Through Its Proprietor Raj Kumar Goyal v. Anju Goel And ANR.

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 135/2026, CM APPL. 28291/2026 CM APPL. 28292/2026 ASRS INTERNATIONAL THROUGH ITS PROPRIETOR RAJ KUMAR GOYAL .....Petitioner Through:

Mr. Rakesh Tanwar, Ms. Sanjana Gupta & Mr.

Ujjwal Tripahi, Advocates.

versus ANJU GOEL AND ANR.

.....Respondents Through:

Mr. Rohit Goe, Mr. Audesh Rai, & Mr. Abhishek, Advs.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 28.04.2026 1.

This petition assails impugned order dated 12th February 2026, passed by the Trial Court in CS DJ 263/2024, whereby the application under Order VII Rule 11 of the Code of Civil Procedure, 1908 ["CPC"], filed by the petitioner/defendant was dismissed.

2.

Two principal grounds have been raised by petitioner/defendant: i.

First, that the plaint ought to be returned to a competent Court in Gujarat, considering that petitioner/defendant is a resident of Gujarat and no cause of action arose within the jurisdiction of this Court; ii.

Second, is the issue of limitation.

3.

On both these issues, the Court does not find any proper reasoning in Trial Court's order. Though the Trial Court touched upon the issue of territorial jurisdiction; however, it does not give a cogent reasoning of the basis on which the plaint / suit / matter lies within the territorial jurisdiction 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 04/05/2026 at 11:56:41

of Delhi. As regards the issue of limitation, that also has not been discussed at all.

4.

Having raised these issues in application under Order VII Rule 11 CPC, the Trial Court has to at least address the issues. 5.

It is made clear that the Court has not gone into the merits of the matter, and nothing of what is stated above, should be taken as an opinion of this Court on the merits of the matter.

6.

Accordingly, matter is remanded back to the Trial Court to consider the application under Order VII Rule 11 CPC afresh, with liberty to parties to raise their pleas before it.

7.

List before the Trial Court on 14th May 2026. 8.

This revision petition stands disposed of, in the above terms. 9.

Pending applications are rendered infructuous. 10.

Order be uploaded on the website of this Court. ANISH DAYAL, J APRIL 28, 2026/sm/tk+ya 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 04/05/2026 at 11:56:41