Kuldeep Singh
v.
Rajinder Kumar
(Supreme Court Of India)
Civil Appeal No. 10223 Of 2016 (@Slp (C) No. 9887 Of 2016) | 20-10-2016
Kurian Joseph, J.
1. Leave granted.
2. The appellant is aggrieved by the order dated 17.03.2016 passed by High Court of Delhi in CM(M) 321 of 2015.
3. As per the said impugned order, the High Court rejected the application filed by the appellant under Order 7, Rule 11 of the Code of Civil Procedure(CPC) for dismissal of Civil Suit No.1428 of 1981 renumbered as Civil Suit No. 903 of 2011.
4. The High Court has taken the view that going by the pleadings in the suit, it cannot be said that no cause of action was made out.
5. In view of the judgment of this court dated 07.02.2014 in Civil Appeal Nos.1873-1877 of 2014, the suit could not have been rejected under Order 7, Rule 11 of CPC. Therefore, this appeal is dismissed.
6. However, we direct the Trial Court, in view of the earlier directions, to expedite the trial and dispose of the suit positively within six months.
1. Leave granted.
2. The appellant is aggrieved by the order dated 17.03.2016 passed by High Court of Delhi in CM(M) 321 of 2015.
3. As per the said impugned order, the High Court rejected the application filed by the appellant under Order 7, Rule 11 of the Code of Civil Procedure(CPC) for dismissal of Civil Suit No.1428 of 1981 renumbered as Civil Suit No. 903 of 2011.
4. The High Court has taken the view that going by the pleadings in the suit, it cannot be said that no cause of action was made out.
5. In view of the judgment of this court dated 07.02.2014 in Civil Appeal Nos.1873-1877 of 2014, the suit could not have been rejected under Order 7, Rule 11 of CPC. Therefore, this appeal is dismissed.
6. However, we direct the Trial Court, in view of the earlier directions, to expedite the trial and dispose of the suit positively within six months.
Advocates List
For the Appellant Ashok K. Mahajan, Advocate. For the Respondents Mukul Kumar, Advocate.
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Eq Citation
(2017) 1 SCC 120
LQ/SC/2016/1356
HeadNote
from the date of receipt of certified copy of this order Constitution of India, Art. 136 — Civil Procedure Code, 1908 — Or. 7 R. 11 — Rejection of suit — Held, suit could not have been rejected under Or. 7 R. 11 of CPC — However, Trial Court directed to expedite trial and dispose of suit positively within six months —
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