Tejbir Singh v. Smt. Rawel Kaur

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 1515/2007 TEJBIR SINGH ..... Plaintiff Through:

Mr. Ashiesh Kumar, Adv. for applicant.

versus SMT. RAWEL KAUR ..... Defendant Through

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 22.01.2016 I.A.No.1016/2016 (U/o 9 Rule 13 CPC) & I.A No. 1017/2016 (U/s 5 of Limitation Act for condoning delay of 4 days in filing the I.A.) Since the applicant was not a party to the suit resulting in the judgment in CS(OS) No. 1515/2007, the judgment in CS(OS) 1515/2007 will not bind the applicant under the res-judicata principle, and in case applicant has independent claims in the suit property, applicant will have to file appropriate independent proceedings for enforcing his title. Applications are dismissed as with withdrawn with the aforesaid liberty.

VALMIKI J. MEHTA, J JANUARY 22, 2016/ib