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High Court of DelhiC.R.P./49/2017

Satyavan Singh & ANR v. Naval Kishore & ORS

2018-05-03Hon'Ble Mr. Justice R.K.Gauba1 pages

$~4 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ C.R.P. 49/2017 SATYAVAN SINGH & ANR ..... Petitioners Through:

Ms. Payal Ahuja, Adv.

versus NAVAL KISHORE & ORS ..... Respondents Through:

Mr. O.P. Aggarwal, Adv. for R-7 and R-1.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 03.05.2018 It has been pointed that the revision petition challenges the order dated 11.04.2016 of the additional district judge passed on the file of the suit (original suit No. 61/1999 - new suit No. 667/2014) whereby the application of the petitioner under Order XXII Rule 9 of the Code of Civil Procedure, 1908 was dismissed. It is also pointed out that the appropriate remedy against such an order by virtue of provision contained in Rule 1 (k) of Order XLIII of the Code of Civil Procedure, 1908 is appeal in terms of provision in Section 104 of CPC.

In this view, the petition is dismissed. The petitioners are at liberty to pursue the appropriate remedy in accordance with law. R.K.GAUBA, J.

MAY 03, 2018/uj