Pratap Singh & ORS v. Jagjeewan

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 126/2013 PRATAP SINGH & ORS ..... Petitioner Through Mr. Vikram Nandrajog and Mr.

Subhash Kambaj, Advocates versus JAGJEEWAN ..... Respondent Through Mr. Abhijat, Advocate

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 31.03.2016 After some arguments it has been agreed that the impugned judgement be set aside. The impugned judgment is accordingly set aside. The Trial Court shall examine the application under Order 7 Rule 11 of the CPC filed by the petitioner (defendant in the Trial Court) afresh and the points now urged before this Court relating to the prayer contained under Order 2 Rule 2 of the CPC, prayer of res judicata, question of limitation and the effect of the gift deed shall be considered by the Trial Court afresh.

Any observation made in this order will have no bearing in the judgement pronounced in the Court on the application under Order 7 Rule 11 of the CPC which at the cost of repetition shall be considered afresh. Since pleadings in that application are complete Trial Court shall endeavour to dispose of the said application expeditiously and

preferably within an outer limit of 3 months from 09.05.2016. Petition disposed of.

INDERMEET KAUR, J MARCH 31, 2016 Gb]