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2020 Supreme(Del) 538

PRATHIBA M.SINGH
Sandeep – Appellant
Versus
Darshan Enterprises – Respondent


Advocates Appeared:
Sandeep Hitendar, Advocate, Jasmeet Kaur, Advocate

JUDGMENT

Prathiba M. Singh, J. - This hearing has been held through video conferencing.

2. The present petition has been filed challenging the impugned order/judgment dated 29th September, 2020 passed by ld. District Judge, by which the Petitioner/Defendant''s application under Order VII Rule 11 and application under Section 151 of CPC have been dismissed with imposition of costs of Rs.10,000/- to be paid to the Plaintiff.

3. The brief background of this case is that the Plaintiffs/Respondents herein preferred the suit for possession, damages and mesne profits as also for permanent injunction and other reliefs in relation to property bearing no. Third Floor measuring 123 sq yards (right side portion) of property no. 17B/10, Dev Nagar, Karol Bagh, New Delhi (hereinafter, ''suit property''). The trial in the said suit has already been concluded and it is at the stage of final arguments. Two applications under Order VII Rule 11 and under Section 151 of CPC were then preferred by the Defendant.

4. The application under Order VII Rule 11 has been filed by the Defendant seeking rejection of the plaint on the ground that the Plaintiff is an unregistered partnership firm and since it is not

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