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High Court of DelhiCM(M)/416/2015

Mohd Rizwan & ANR v. Shashi Chhabra & ORS

2016-01-28Hon'Ble Ms. Justice Indermeet Kaur1 pages

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 416/2015 MOHD RIZWAN & ANR ..... Petitioner Through Mr.Diwan Singh Chauhan, Advocate.

versus SHASHI CHHABRA & ORS ..... Respondents Through Mr.Noor Ul-Islam, Advocate for R-2 to R-4.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 28.01.2016 Petitioners are aggrieved by the order dated 15.11.2014 vide which their application seeking impleadment under Order 1 Rule 10 of the Code of Civil Procedure had been dismissed. The finding of the Trial Court was that since the suit is inter se between the plaintiff and the defendants and in a suit under Section 6 of the Specific Relief Act the title is not as aspect which has to be gone into.

The observations made in the impugned order that the title of the applicants is not in dispute is the observation which is not really required to answer the inter se disputes which have arisen in a suit under Section 6 of the Specific Relief Act and as such this part of the observation made in the impugned order is set aside. Petition disposed of in the above terms.

INDERMEET KAUR, J JANUARY 28, 2016 ndn