Surinder Singh Dhillon v. Onkar Singh

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 777/2017 SURINDER SINGH DHILLON ..... Petitioner Through:

Mr. Sunil Satyarthi, Mr. Raman Gandhi & Mr. Ashok Kumar Verma, Advs.

Versus

ONKAR SINGH ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 28.07.2017 CM No.26199/2017 (for exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

CM(M) 777/2017 & CM No.26200/2017 (for stay) 3.

This petition under Article 227 of the Constitution of India impugns the order [dated 12th April, 2017 in Civil Suit No.5601/2016 of the Court of Additional District Judge (ADJ)-04, South District, Saket Courts, New Delhi] of dismissal of the application filed by the petitioner / defendant under Order VII Rule 11 of the CPC.

4.

The remedy against the dismissal of an application under Order VII Rule 11 of the CPC is by way of a Revision Petition under Section 115 of the CPC and once that is available, the remedy under Article 227 of the Constitution of India would not be available. CM(M) 777/2017

5.

However having gone through the paper book and being of the view that even otherwise there is no merit in the petition and to avoid the petitioner / defendant filing Revision Petition now, the counsel for the petitioner / defendant has been heard.

6.

After full hearing, the counsel for the petitioner / defendant seeks to withdraw the petition.

Dismissed as withdrawn.

RAJIV SAHAI ENDLAW, J JULY 28, 2017 'gsr'

CM(M) 777/2017