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2023 Supreme(Del) 3535

CHANDRA DHARI SINGH
Braj Mohan Garg – Appellant
Versus
Krishna Maruti Limited – Respondent


Advocates appeared:
Mr. Pankaj Jain, Advocate, for the Petitioner.
Mr. Murari Tiwari, Mr. Rahul Kumar and Ms. Vishakha Govil, Advocates, for the Respondent.

ORDER

Chandra Dhari Singh, J. (Oral)--The instant revision petition under Section 115 of the Code of Civil Procedure, 1908 (hereinafter "CPC") read with Section 151 of the CPC has been filed on behalf of the petitioner seeking the following reliefs:

    "i) Set aside/quash the Order dated 20-2-2020 Passed by Sh. Shivaji Anand Ld A.D.J.-02(North) Rohini District Court, Delhi passed in Civil Suit No. 138/2017 titled as Braj Mohan Garg Vs Krishna Maruti Limited thereby allowing the application for grant of leave to defend under order 37 Rule 3(5) read with Section 151 CPC.

    ii) Summon the records of the trial court Civil Suit No. 138/2017 titled as Braj Mohan Garg Vs Krishna Maruti Limited pending in the court of Shivaji Anand Ld A.D.J.-02 (North) Rohini District Court, Delhi.

    iii) Any other or further relief/order which this Hon'ble Court may deem fit, under the facts and circumstances of the case may also be passed in favour of the appellants and against the defendant."

2. A brief background of the instant petition is that the petitioner had preferred a suit for recovery of Rs.52,18,003/-, being the balance of professional fee, against the respondent under Order XXXVII of the CPC before the

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