Mohd Arif v. Aslam Khan

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 282/2020 MOHD ARIF .....Appellant Through:

Mr. Rajeev Saxena, Sr. Advocate with Mr. Haider Ali, Ms. Megha Saxena, Ms Shreya Bhatnagar and Mr. Shaurya Dhaiya, Advocates.

versus ASLAM KHAN .....Respondent Through:

Mr. Asad Iqbal with Mr. Abuzar, Mr. Rais Ahmad, and Mr. Monis Khan, Advocates.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 16.01.2026 1.

Appeal under Section 96 C.P.C. has been filed on behalf of the Appellant against Judgment / Decree dated 09.12.2019, whereby the suit of the Plaintiff / Appellant has been rejected under Order VII Rule 11 C.P.C. 2.

Sole ground on which the impugned Judgment has been challenged is that there was already an Application under Order VI Rule 17 C.P.C. pending, which should have been decided before considering the Application of Respondent under Order VII Rule 11 C.P.C. 3.

On this short ground, impugned Judgment is set aside with directions to learned District Judge, South District, Saket Courts, to first decide the Application under Order VI Rule 17 C.P.C. before considering the Application of Respondent under Order VII Rule 11 C.P.C. 4.

With aforesaid directions, Appeal along with pending Applications is disposed of.

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 21/01/2026 at 13:45:04

5.

Parties are directed to appear before the learned District Judge, South District, Saket Courts, Delhi on 22.01.2026.

6.

Order is made without any expression on the merits of the case. NEENA BANSAL KRISHNA, J.

JANUARY 16, 2026/R 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 21/01/2026 at 13:45:04