SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Del) 432

TUSHAR RAO GEDELA
Bhai Manpreet Singh – Appellant
Versus
Bhai Balbir Singh Decd Through Lrs Smt Chand Balbir Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Gaurav Duggal, Advocate.
For the Respondents:Mr. Akshay Ringe and Ms. Megha Mukerjee, Mr. Pawanjit S. Bindra, Mr. Lakshay Dhamija and Mr. Sahil Dutta, Mr. Humraz Bir Singh, Mr. Arjun Nanda, Mr. Sujoy Chatterjee, Mr. Parmanand Yadav, Advocate

JUDGMENT :

TUSHAR RAO GEDELA, J.

[The proceeding has been conducted through Hybrid mode]

CM APPL. 10374/2023 & CM APPL. 10375/2023 (both for exemption)

1. Exemption is allowed, subject to all just exceptions.

2. Applications stand disposed of.

CM(M) 341/2023 & CM APPL. 10373/2023 (for stay)

3. Petitioner challenges the order dated 25.02.2023 in CS No. 5820/18 titled “Bhai Sardar Singh vs. Bhai Trilochan Singh”, whereby the learned Trial Court has not passed orders on application under Order I Rule 10 of the CPC, 1908, and has further kept the matter for 04.03.2023.

4. Mr. Gaurav Duggal, learned counsel appearing for the petitioner submits that the only grievance raised in the present petition is noncompliance of the order dated 18.11.2019, whereby this Court in CM(M) 1086/2018 had recorded in sub para (c) of para 11, the fact that the defendants except defendant No.3, in the suit before the learned Trial Court, would be filing an application seeking their own deletion therefrom, which was corrected in Para 5 of order dated 27.11.2019.

5. Mr. Duggal submits that in pursuance thereto, an application under Order I Rule 10 of the CPC, 1908 was filed immediately in December 2019.

6. Learned couns

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top