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2023 Supreme(Del) 5297

CHANDRA DHARI SINGH
Nagendra Mohandass – Appellant
Versus
Archana Dass – Respondent


Advocates appeared:
Mr.Siddhartha Iyer, Advocate, for the Petitioner.
Mr.Rahul Sharma, Mr.Shrey Gupta and Mr.Lokesh Chopra, Advocates, for the Respondents.

ORDER

Chandra Dhari Singh, J. (Oral)

CM APPL No. 52985/2023(Condonation of delay)

1. The instant application under Section 5 of the Limitation Act, 1963, (hereinafter "the Act"), read with Section 151 of the Code of Civil Procedure, 1908, (hereinafter "CPC"), has been filed on behalf of the petitioner/applicant seeking condonation of delay of 870 days in filing the accompanying civil revision petition.

2. The captioned civil revision petition has been filed under Section 115 of the CPC, challenging the impugned order dated 24th March 2021, passed by the learned ADJ - III, South East District, Saket Courts, New Delhi, in civil suit bearing CS DJ No. 918/2019. The said civil suit was filed by the respondent, i.e., the plaintiff before the learned Trial Court seeking partition of the property bearing no. Pocket K-12, Ground Floor, Chittaranjan Park, South Delhi, Delhi-110019 (hereinafter "Suit Property").

3. Learned counsel appearing on behalf of the petitioner submitted that by way of the impugned order dated 24th March 2021, the learned Trial Court erroneously granted permission to the respondent to withdraw her civil suit bearing CS DJ No. 918/2019, with the liberty to file a fresh sui

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