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2022 Supreme(Del) 1134

C. HARI SHANKAR
Deepak – Appellant
Versus
Ramesh Sethi – Respondent


Advocates appeared:
Mr. Chirag Arora, Ms. Sumati Sharma & Mr. Swalhit Sharma, Advocates, for the Appellant; Mr. Sudhindra Tripathi & Mr. Garvil Singh, Advocates, for the Respondent.

JUDGEMENT

1. Learned Counsel for the parties have argued the matter and are agreeable to the matter being disposed of at this stage.

2. The petitioner is aggrieved by an order dated 16th November, 2021, passed by the learned Civil Judge ('the learned CJ'), whereby the right of the petitioner to lead his evidence, as the defendant before the learned CJ in CS 9739/2016, was closed.

3. The petitioner moved an application under Section 151 of the Code of Civil Procedure, 1908 (CPC), for modification of the order dated 16th November, 2021, and for permitting the filing of defence evidence. That application was dismissed vide order dated 05th January, 2022. A further application, seeking review of the order dated 05th January, 2022, was also dismissed by the learned CJ vide order dated 11th March, 2022.

4. This petition, under Article 227 of the Constitution of India, assails all the three orders, i.e. the orders passed on 16th November, 2021, 5th January, 2022 and 11th March, 2022.

5. The issue in controversy being narrow, it is not necessary to allude to the specifics of the dispute between the parties. Suffice it to state that, by order dated 27th February, 2020, the petitioner was direct

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