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2017 Supreme(Del) 4259

RAJIV SAHAI ENDLAW
Quantum Outdoors – Appellant
Versus
Realm Media Solutions Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Mahinderjeet Singh and Mr. Gagan Gupta, Advs.
For the Respondents: Mr. Romy Chacho and Mr. Rahat Bansal, Advs.

JUDGMENT :

1. This petition under Article 227 of the Constitution of India impugns the order (dated 2nd June, 2017 in CS No.653/2017 of the Court of Additional District Judge (ADJ)-02, New Delhi District, Patiala House Court, New Delhi) dismissing the application of the petitioner/plaintiff under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC).

2. Notice of the petition was issued, though a query was made from the counsel for the petitioner/plaintiff, as to the maintainability of petition under Article 227 of the Constitution of India since an order of dismissal of an application under Order XII Rule 6 of CPC is revisable.

3. The counsel all the respondents/defendants appears and seeks time to file reply.

4. There is no need for a reply to a petition under Article 227 of the Constitution of India which is concerned with the correctness of the orders of the Trial Court and is to be decided on the basis of the record of the Trial Court and not on the basis of pleadings in this Court.

5. The counsels have been heard.

6. The counsel for the petitioner/plaintiff at the outset concedes that the filing of this petition under Article 227 of the Constitution of India was a mistake as






































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