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MANMEET PRITAM SINGH ARORA
Ashok Kumar – Appellant
Versus
Krishan Kumar – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
CM APPL. 64738/2023 (for exemption)
Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
CM(M) 2062/2023, CM APPL. 64737/2023
1. This petition filed under Article 227 of the Constitution of India, impugns the order dated 24.01.2023 passed by the Additonal District Judge, Tis Hazari Courts, Delhi (`Trial Court') in a civil suit bearing CS DJ No. 618788/16 titled as `Krishan Kumar v. Ashok Kumar & Ors.', whereby the Trial Court had disposed of an application filed by the Respondent No. 2 herein, under Order 39, Rule 2A, Code of Civil Procedure, 1908 (`CPC') and issued directions to the Station House Officer (SHO) for ensuring compliance of the directions contained therein.
2. The Petitioner has also impugned the order dated 25.08.2023 passed in the said civil suit, whereby the application filed by the Petitioner seeking review of the impugned order dated 24.01.2023 has been dismissed by the Trial Court.
3. Learned counsel for the Respondent No.1 has entered appearance on advance notice and states that the Petitioner has not disclosed the Trial Court's order dated 17.03.2023, where similar objections r
The main legal point established is that the appropriate remedy for challenging orders passed by the Trial Court in a civil suit is to avail the statutory remedy of appeal under Order 43 Rule (1)(r) ....
The court's discretion in permitting written statements and granting adjournments should be exercised judiciously, and unnecessary adjournments should be avoided under Order 17 CPC.
The need for the Trial Court to decide the application of the Petitioner on its own merits and the imposition of legal costs as a condition for the liberty granted.
The petitioner cannot be left remediless due to the non-decision on the application for stay filed in the appeal.
Timely resolution of procedural matters is essential for the expeditious conduct of trials.
The main legal point established in the judgment is that evidence produced by the parties cannot be considered in the absence of pleading, and parties should not be permitted to travel beyond their p....
The acceptance of the correctness of a judgment and decree precludes seeking relief in subsequent proceedings, and abusing the legal process by filing successive applications seeking to stall executi....
The defect of non-filing of the statement of truth in a plaint can be curable, and the court may allow the amendment under Order VI Rule 17 of CPC.
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