Hem Chander v. Manish Kumar And ANR

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 331/2023 & CM APPL. 58782/2023 HEM CHANDER ..... Petitioner Through:

Mr. Anuroop P.S., Adv.

versus MANISH KUMAR AND ANR ..... Respondents Through:

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 01.03.2024 CM APPL. 58783/2023 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

C.R.P. 331/2023 3.

By way of the present revision petition, petitioner, who is the defendant in the suit pending before the learned Trial Court filed by the respondent/plaintiff, is assailing the impugned order dated 02.09.2023, whereby his application filed under Order VII Rule 11 CPC was dismissed.

4.

After some arguments, learned counsel appearing for the petitioner/defendant seeks permission to withdraw the instant petition with liberty to seek leave by filing an application under Section 10 CPC before the learned Trial Court.

5.

Accordingly, the petition is dismissed as withdrawn with the aforesaid liberty. The pending application also stands dismissed. 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 04/03/2024 at 11:11:36

6.

Nothing contained in this order shall tantamount to an expression of opinion on the merits of the case pending before the learned Trial Court. In case, the petitioner seeks relief under Section 10 CPC, the learned Trial Court shall decide the same as per law. 7.

A copy of this order be sent to the learned Trial Court for information and necessary compliance.

DHARMESH SHARMA, J.

MARCH 1, 2024/ck 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 04/03/2024 at 11:11:36