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2018 Supreme(Del) 80

RAJIV SAHAI ENDLAW
Jatinder Pal Singh Dang – Appellant
Versus
Gunpreet Singh Dang – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. B.B. Gupta, Mr. N.S. Dalal, Mr. Apoorv Gupta
For the Respondents: Mr. Giriraj Subramanium, Mr. Simarpal Singh Sawhney

JUDGMENT :

1. This Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) impugns the order [dated 18th January, 2017 in Civil Suit No.8199/2016 of the Court of Additional District Judge (ADJ)-04, South District, Saket Courts, New Delhi] of dismissal of the application of the two petitioners/defendants under Order VII Rule 11 of the CPC for rejection of the suit for partition of immoveable properties filed by the respondent No.1/plaintiff against the two petitioners, respondent No.2, Sub-Registrar of Documents and respondent No.3 Mallika Dang.

2. The petition came up before this Court first on 19th April, 2017 when the counsel for respondents No.1&3 appeared on advance notice; notice to respondent No.2, Sub-Registrar of Documents, being a proforma defendant/respondent was dispensed with. The petition was adjourned to 21st July, 2017.

3. On 21st July, 2017, the adjournment was sought on behalf of the counsel for the petitioners/defendants. On going through the impugned order with the assistance of the counsel for the respondents No.1&3, it was prima facie observed that no error was found therein. Clarifying that the petitioners/defendants having sought adjournme












































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