Sunil Kohli & ORS v. Subhash Chand Dua & ORS

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 535/2014 SUNIL KOHLI & ORS ..... Petitioners Through Mr. Manoj Singh and Mr. Abhishekh Sharma, Advs.

versus SUBHASH CHAND DUA & ORS ..... Respondents Through Mr. Kunal Sharma and Ms. Sakshi Vaid, Advs. for R-5.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 28.01.2016 Order impugned before this Court is the order dated 23.04.2015 vide which the application filed by the defendants under Order 7 Rule 11 of the CPC has been allowed. The suit stood dismissed. Learned counsel for the petitioners has no quarrel on the proposition that the rejection of a plaint under Order 7 Rule 11 of the CPC amounts to a decree within the meaning of Section 2 (ii) of the CPC. Present petition is not maintainable.

Petition is dismissed as withdrawn with liberty granted to the petitioners to move appropriate forum.

INDERMEET KAUR, J JANUARY 28, 2016