Mohd Kamil v. Nadira

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 926/2017 MOHD KAMIL ..... Petitioner Through:

Mr. Rajat Aneja & Ms. Nisha Sharma, Advs.

Versus

NADIRA ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 28.08.2017 CM No.31123/2017 (for exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

CM(M) 926/2017 & CM No.31122/2017 (for stay) 3.

This petition under Article 227 of the Constitution of India impugns the order [dated 26th May, 2017 in Suit No.105447/2015 of the Court of JSCC/ASCJ/GJ, North East District, Karkardooma Courts, Delhi] of dismissal of the application of the petitioner / plaintiff under Order XII Rule 6 of the CPC. 4.

The remedy against dismissal of an application under Order XII Rule 6 of the CPC is under Section 115 of the CPC and once a remedy under the CPC is available, the jurisdiction under Article 227 cannot be invoked. Reference in this regard can be made to Sadhana Lodh Vs. National Insurance Co. Ltd. (2003) 3 SCC 524.

5.

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

6.

Dismissed as withdrawn with liberty aforesaid. No costs.

RAJIV SAHAI ENDLAW, J AUGUST 28, 2017/„gsr‟..