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2023 Supreme(Del) 3143

MANMEET PRITAM SINGH ARORA
Parmeshwari Devi (deceased) Thr Lr – Appellant
Versus
Ram Kishan – Respondent


Advocates appeared:
Mr. Anil Panwar and Mr. Tanishq Panwar, Advocates, for the Petitioner.
Mr. Parveen Kumar, Advocate, for R-1.
Mr. Ashwani Tanwar, Advocate, for R-5.

JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral):

1. This petition filed under Article 227 of the Constitution of India impugns the order dated 28.04.2018, passed by the ADJ, Tis Hazari Courts, Delhi (`Trial Court') in Civil Suit No. 477/2014 (New No. 9839/2016), titled as Smt. Parmeshwari Devi & Anr. v. Ram Kishan & Ors., whereby the Trial Court dismissed an application filed on behalf of the plaintiffs under Section 151 of the Code of Civil Procedure, 1908 (`CPC') for recalling of the order dated 02.02.2016.

2. The Petitioners herein are the original plaintiffs and the Respondents No. 1 to 5 herein are the original defendants in the civil suit. The civil suit has been filed for partition, rendition of accounts, recovery of damages and injunction with respect to the estate of the common ancestor late Sh. Sher Singh, duly described in the plaint.

2.1. The Trial Court vide impugned order dated 02.02.2016 dismissed the Petitioner's application dated 01.05.2014 filed under Order VI Rule 17 CPC.

2.2. The Trial Court vide impugned order dated 28.04.2018 dismissed the Petitioner's application filed under Section 151 of the CPC for seeking recall of the order dated 02.02.2016.

3. The lea


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