Dayanand Madaan v. Gaurav Sharma

$~64.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) No.690/2017 DAYANAND MADAAN ..... Petitioner Through:

Mr. V.K. Sharma, Adv.

versus GAURAV SHARMA ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 12.07.2017 1.

This petition under Article 227 of the Constitution of India impugns the order dated 23rd May, 2017 (of District & Sessions Judge, Shahdara District, Delhi in CS No.126/17) of dismissal of the application of the petitioner / plaintiff under Order XXXIX Rule 10 of the Code of Civil Procedure, 1908 (CPC).

2.

Attention of the counsel for the petitioner / plaintiff is drawn to Order XLIII Rule 1(r) of the CPC which makes an order under Rule 10 of the Order XXXIX appealable thereunder.

3.

The counsel for the petitioner / plaintiff withdraws the petition with liberty to take appropriate remedies.

4.

I may notice that though in this petition the order dated 23rd May, 2017 also allowing the written statement of the respondent / defendant to be taken on record is also challenged but neither is there any merit in the said challenge nor has the counsel for the petitioner / plaintiff urged the same. 5.

Dismissed as withdrawn with liberty aforesaid. RAJIV SAHAI ENDLAW, J JULY 12, 2017/'pp'..