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2013 Supreme(Del) 1439

S.RAVINDRA BHAT, NAJMI WAZIRI
HARISH SHARMA – Appellant
Versus
RAJ KUMAR – Respondent


Advocate Appeared:
Sh. Yashpal Singh with Sh. Rikesh Singh, Advocates, Sh. Kush Sharma with Sh. Ishwar Upneja, Advocates, for Resp. Nos. 1 and 5. Sh. C. Prakash, Advocate, for Resp. Nos. 3 and 4.

Judgment

S. Ravindra Bhat, J.

C.M. NO.12543/2013 (for condonation of delay)

C.M. No.12543/2013 is allowed in the above terms.

For the reasons mentioned in the application, the delay is condoned.

RFA (OS) 99/2013, C.M. NOS.12541/2013 (for stay), 12542/2013 (for filing addl. Documents) & 12545/2013 (seeking exemption from filing deficient Court Fees and extension of time in making up the deficient Court Fee)

1. This is a Regular First Appeal from an order of a learned Single Judge in CS(OS) 3001/2011, dismissing the suit for a failure to disclose any cause of action in the plaint.

2. Briefly, the plaintiff, Harish Sharma, seeks to impugn a registered General Power of Attorney signed by him in favour of the defendant, Raj Kumar. The plaint, alleged that the appellant purchased, and was in possession of, Property No. C-486-B, Gali No. 20, Bhajanpura, Delhi (hereinafter the “suit property”) through sale deed dated 8th February, 2007 for a sale consideration of Rs. 3,05,000/-from one Smt. Sosan Masih. The appellant argued that thereafter, on account of financial constraints in 2009, the defendant, who knew him previously, agreed to advance a loan of Rs. 13,00,000 to him at 2% interest, with rep







































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