Om Praksh Adlakha v. Madhu Bala Adlakha & ANR

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1285/2017 OM PARKASH ADLAKHA ..... Petitioner Through:

Mr. Arun K. Yadav, Adv.

Versus

MADHU BALA ADLAKHA & ANR ..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 14.11.2017 CM No.41117/2017 (for exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

CM(M) 1285/2017 & CM No.41118/2017 (for condonation of 20 days delay in re-filing) 3.

This petition under Article 227 of the Constitution of India impugns the order [dated 17th July, 2017 in Suit No.17935/2016 of the Court of Additional District Judge-11 (Central), Tis Hazari Courts, Delhi] rejecting as barred by Order IX Rule 9 of the Code of Civil Procedure, 1908 (CPC) the plaint in a suit filed by the petitioner/plaintiff. 4.

Attention of the counsel for the petitioner/plaintiff has been drawn to Section 2(2) of the CPC conferring the status of a decree on an order of rejection of plaint.

CM(M) 1285/2017

5.

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

6.

Dismissed as withdrawn with liberty aforesaid. No costs.

RAJIV SAHAI ENDLAW, J.

NOVEMBER 14, 2017 bs ..

CM(M) 1285/2017