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2023 Supreme(Del) 5887

CHANDRA DHARI SINGH
Nisha @ Nisaba Godrej – Appellant
Versus
Chaitanya Kumar Rampal – Respondent


Advocates appeared:
Mr. Rajshekhar Rao, Senior Advocate with Mr. Vikash Kumar Jha, Ms. Sakshi Malhotra, Mr. Nikhil Aradhe, Ms. Yamini Mookherji and Mr. Dushyant Kaul, Advocates, for the Petitioner.
None, for the Respondent.

ORDER

Chandra Dhari Singh, J. (Oral)

1. The instant petition has been filed on behalf of the petitioners under Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC"), praying as follows:

    "A. Allow the present Petition and thereby, set-aside the Impugned Order dated August 07, 2023 passed by the Ld. Additional District Judge, Patiala House Courts, New Delhi in Civil Suit No. 61 of 2021;

    B. Allow the present Petition and thereby direct rejection of the Plaint under Order VII Rule, 11 CPC 1908;

    C. During the pendency of the present proceedings, stay any proceedings in the Civil Suit bearing No. 61 of 2021 pending before Court of Additional District Judge, Patiala House Courts, Delhi; and

    D. pass such other or further relief as may be deemed fit and proper in the circumstances of the present case."

2. Brief facts of the case are reproduced herein below:

a) The petitioners are the Class-II heir of late Sh. H.P.S Mader.

b) On the basis of the plaint filed by the respondent/ plaintiff, it has been alleged that the petitioners took a loan of Rs.25, 87,000/- from the respondent. It has been further alleged by the respondent in his plaint that on 3rd September 2012, a le

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