Shivraj Gupta & ANR v. Rajendera Gupta & ORS

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 682/2018 & CM Nos. 24099-100/2018 SHIVRAJ GUPTA & ANR ..... Petitioners Through:

Mr. Krishnendu Datta with Mr. Rakesh Kumar & Ms. Megha Agrawal, Advocates versus RAJENDERA GUPTA & ORS ..... Respondents Through:

Mr. Suhail Dutt, Senior Advocate with Mr. Sujoy Kumar, Advocate

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 31.05.2018 The civil suit (presently registered as CS No.57168/2016) was initially filed on the original side of this Court as CS(OS) No.43/2005.

It appears from the order dated 20.04.2018 of the additional district judge where the case is now pending, it having been transferred to district court on account of change of pecuniary jurisdiction, that the case is at the stage of recording of evidence through a local commissioner. It appears the petitioner as the plaintiff of the case, had pressed two of its pending applications, one under Section 151 CPC and the other under Order XXXIX Rules 1 and 2 CPC but the same were not taken up for consideration by the trial court.

The view taken in that context that the applications would be considered after recording of evidence is the bone of contention in the petition at hand.

CM(M) 682/2018

After some hearing, both parties through their respective counsel jointly submit that a direction may be given to the trial court to take up all pending applications for consideration and adjudication, such applications inclusive of an application under Order XII Rule 6 CPC of the defendants. Ordered accordingly.

The petition and the applications filed therewith stand disposed of in these terms.

R.K.GAUBA, J.

MAY 31, 2018 srb CM(M) 682/2018