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2023 Supreme(Del) 3130

CHANDRA DHARI SINGH
Monika Singh – Appellant
Versus
Sudha Prasad – Respondent


Advocates appeared:
Mr. Kunal Khanna and Ms. Sonia Dhariwal, Advocates, for the Petitioners.
Mr. Gagan Gandhi, Mr. Akshay Malik and Ms. Sonakshi Chaturvedi, Advocates, for the Respondent.

ORDER

Chandra Dhari Singh, J. (Oral)--The instant petition under Section 115 of the Code of Civil Procedure, 1908 (hereinafter "CPC), has been filed seeking the following reliefs:

    "i. Pass an order to set-aside the impugned order dated 20/09/2022 passed by Shri Rajesh Kumar, ADJ-03, East, Karkardooma Court, Delhi in view of the application of petitioners/defendants to reject the plaint filed under order VII rule 11 (d) read with section 151 of CPC in civil suit bearing No. CS/2674/2016 titled as Sudha Prasad V/s Monika Singh & Anr..

    ii. Pass an order to allow the application of the petitioners/defendants filed under order VII rule 11 (d) read with section 151 of CPC to reject the plaint of the respondent/plaintiff.

    iii. Any other relief which this Hon`ble Court deems fit and proper may also be granted in favour of the petitioners/defendants and against the respondent/plaintiff in the interest of justice."

2. Learned Counsel appearing on behalf of the petitioners/defendants submitted that the respondent/plaintiff filed a suit for recovery of possession and damages bearing suit no. 2674/2016 under Section 6 of the Specific Relief Act, 1963 (hereinafter "the Act") on 18th June 2008 befor

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