Asha Rani Sukhija v. Pankaj Sikri
$~A-13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 282/2023 & CM APPL. 51666/2023 ASHA RANI SUKHIJA .....Petitioner Through:
Mr. Ashish Mohan, Mr. Samarth Choudhary & Mr. Digvijay Singh, Advocates.
versus PANKAJ SIKRI .....Respondent Through:
Mr. S.S. Dhir and Mr. Manmohan Singh, Advocates.
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
O R D E R
% 20.08.2024 1.
The instant Revision Petition under Section 115 of the Code of Civil Procedure, 1908 has been filed seeking the following reliefs:- "A.
Allow the present Revision Petition;
B. Set aside the order dated 06.06.2023, whereby the Ld. Additional District Judge, Sh. Ramesh Kumar-II, ADJ-01, Shahdara, Karkardooma Courts, New Delhi, has dismissed the application filed by the Revisionist under Order-VII, Rule-11 (a) & (d) of the Code of Civil Procedure, 1908, wherein the Revisionist had sought rejection of Plaint bearing C.S. No. 1901 of 2016, titled, 'Pankaj Sikri vs. Asha Rani Sukhija';
C. Reject the Plaint bearing C.S. No. 1901 of 2016, titled, 'Pankaj Sikri vs. Asha Rani Sukhija', pending before the court of Ld. Additional District Judge, Sh. Ramesh Kumar-II, ADJ-01, Shahdara, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Karkardooma Courts, New Delhi;"
2.
Learned counsel appearing on behalf of the petitioner after some length of arguments without pressing the matter on merits made an innocuous prayer to dispose of the instant Revision Petition with a direction to the Trial Court to permit the petitioner to raise all contentions as raised in the instant Revision Petition including that of suit valuation and Court fees. He further prayed that the Trial Court may be directed to expedite the suit and decide the same at the earliest.
3.
At this stage, learned counsel appearing on behalf of the respondent vehemently opposed the instant Revision on merits, however, submitted that since the petitioner is not pressing the matter on merits and only making an innocuous prayer to decide the suit expeditiously and leave to raise all the contentions as raised by him in the instant Revision, he does not have any objection to the innocuous prayer qua expeditious disposal of the suit, but has objection to the prayer for granting leave to the petitioner to raise all the contentions including that of suit valuation and Court fees before the Trial Court. He submitted that such relief may not be granted as petitioner is already entitled to take all the arguments before the Trial Court at an appropriate stage.
4.
Heard both the parties.
5.
The petitioner has not pressed the matter on merits at this stage and only made an innocuous prayer for expeditious disposal of suit as well as permission to raise all the contentions as raised herein before the Trial Court. After considering the matter in entirety, this Court does not find any reason to decline the innocuous prayer as made by the petitioner, therefore, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
leave is granted.
6.
The instant petition is disposed of with a direction that the petitioner shall be allowed to raise all the contentions made herein including the contentions regarding valuation of suit and Court fee. The Trial Court is directed to expedite the suit which is pending since 2014 and decide the same expeditiously, preferably within a period of one year, without granting unnecessary adjournment to either of the parties. CHANDRA DHARI SINGH, J AUGUST 20, 2024 NA/av 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.