Nutan Devi v. Ram Brij Nagar

$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1736/2019 & CM APPL. 52372/2019 NUTAN DEVI .....Petitioner Through:

Mr. Rais Farooqui with Mr. M Imran Malik and Mr. Ali Quaddari, Advocates with petitioner in person.

versus RAM BRIJ NAGAR .....Respondent Through:

Mr. Bharat Deep Singh with Mr.

Dipanshu Tomar, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 27.09.2024 1.

Heard.

2.

The petitioner is plaintiff before the learned Trial Court and is aggrieved by the order rejecting his plaint for the reason that it does not disclose any cause of action.

3.

Since the suit has been rejected, in terms of Section 2(2) of CPC, it amounts to a decree and, therefore, against such decree, the petitioner can always maintain an appeal in terms of Section 96 of CPC. 4.

After hearing arguments for some time, learned counsel for petitioner states that under some bonafide assumption, the present petition had been filed before this Court and supplements that he may be permitted to withdraw the present petition with liberty to file appropriate appeal in this regard. 5.

The petition is dismissed as withdrawn. Liberty, as prayed, is granted. MANOJ JAIN, J SEPTEMBER 27, 2024/sw 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 03/10/2024 at 12:22:18