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2021 Supreme(Del) 2427

V. KAMESWAR RAO
Prem Prakash Dhawan – Appellant
Versus
Aman Dhattarwal – Respondent


Advocates appeared:
Maninder Singh, Sr. Adv. with Prabhas Bajaj, Ms. Vrinda Pathak and Luv Virmani, Advs., for the Plaintiff.
Chander M. Lall, Sr. Adv. with Manish Sharma, Rupin Bahl, Karan Bajaj and Ms. Nancy Roy, Advs. for D-1 & D-2.
Ms. Mamta Jha, Ms. Shruttima Eher

JUDGMENT

V. Kameswar Rao, J. I may at the outset state that while reserving for orders, a reference was made to three applications, i.e., I.A.4336/2020 which is an application filed by the plaintiff under Order XXXIX Rule 1 and 2 read with Section 151 CPC; I.A. 4681/2020, which is an application under Order XXXIX Rule 2A read with Section 151 CPC and I.A. 4979/2020, which is an application under Order VII Rule 11 and Order I Rule 9 read with Section 151 CPC. While preparing the order, I find that defendant Nos. 1 and 2 have filed an application being I.A. 5064/2020 under Order XXXIX Rule 4 CPC, which has not been reserved for orders. As any decision in I.A. 4336/2020 shall have a bearing on I.A. 5064/2020, I deem it appropriate not to decide I.A. 4336/2020 vide this order and leave it for the parties to argue the same along with I.A. 5064/2020 separately.

2. The prayers made in I.A. 4979/2020 are the following:

    "In view of the aforesaid, it is humbly prayed:

    A. The Hon'ble Court may be pleased to allow the present application and reject the plaint filed by the Plaintiff.

    B. The cost of the present application may be awarded to Defendants.

    C. Pass any such order which may be deemed fit

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