Savitri Jaywant v. Hedgewar Arogya Sansthan Nurses Union & ORS

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 154/2018 & CM Nos. 4745-46/2018 SAVITRI JAYWANT ..... Petitioner Through:

Ms. Shashi Panwar, Adv.

versus HEDGEWAR AROGYA SANSTHAN NURSES UNION & ORS ..... Respondents Through

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 07.02.2018 The application of the petitioner, plaintiff of the suit (CS No. 2246/2016) filed under Section 151 of the Code of Civil Procedure, 1908 (CPC) - treated by the Additional District Judge by order dated 24.11.2017 to be an application under Order 7 Rule 14 CPC - has been rejected by the impugned order dated 24.11.2017 with the observation that the documents in question were not mentioned in the plaint nor had it been shown as to how they become relevant for adjudication of the suit whereby the plaintiff claims damages for defamation. The counsel for the petitioner has pointed out that the above observation is not correct in that some of these documents did find reflection in the pleadings which were overlooked. After some hearing, the counsel submitted that she may be allowed to withdraw the present petition and the application filed therewith and instead approach the trial Judge with an application for review pointing out in detail

the connection with the pleadings and the relevancy. The petition and the applications filed therewith are dismissed as withdrawn with liberty as prayed for, granted. Dasti.

R.K.GAUBA, J FEBRUARY 07, 2018 nk