JUDGMENT

Gaurang Kanth, J. (Oral)

The hearing has been conducted through hybrid mode (physical and virtual hearing).

C.M. No. 9646/2023 (exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

RFA 163/2023

3. In the present appeal, the appellants (original plaintiffs) are assailing the impugned judgement and decree dated 03.11.2022 ("Impugned Judgment") passed by the learned Additional District Judge (ADJ)-05 (Central District), Tis Hazari Courts, Delhi in CS DJ 915/21 titled as Jay Shankar Kumar and Ors. Versus Capri Global Housing Finance Ltd. and Anr..

4. Learned Trial Court, vide the impugned judgement, was pleased to reject the suit filed by the appellants on an application filed by the Respondent under Order VII Rule 11 CPC.

5. The appellants have filed a certificate as per the High Court Rules stating that complete Trial Court record is placed before this Court. Learned counsel for the appellant states that the appeal may be heard today itself and no date for hearing of the appeal be fixed as contemplated by sub-rule 1 of Rule 11 of Order 41 of the Code of Civil Procedure 1908.

6. With the consent of learned counsel for the a