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DELHI HIGH COURT
AMIT BANSAL
Kavita Tushir – Appellant
Versus
Pushpraj Dalal – Respondent


Table of Content
1. petition challenges dismissal of application under cpc. (Para 3 , 4 , 5)
2. arguments regarding payment and legalbar raised. (Para 6 , 7)
3. court's view on application under order vii rule 11. (Para 8 , 9)
4. petition dismissed as frivolous. (Para 10)

JUDGMENT

Amit Bansal, J. (Oral)

[VIA VIDEO CONFERENCING]

CM No. 428/2022 (for Exemption)

1. Allowed, subject to just all exceptions.

2. The application is disposed of.

CM(M) 13/2022 and CM No. 429/2022 (for Stay)

3. The present petition under Article 227 of the Constitution of India impugns the order dated 21st August, 2021 passed by the Additional District Judge-03 (South), Saket, New Delhi (Trial Court) in Civil Suit bearing CS No.194/2020, whereby the application filed on behalf of the petitioner/defendant under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) has been dismissed.

4. The present petition arises from a suit for specific performance filed on behalf of the respondent/plaintiff in respect of purchase of the property belonging to the petitioner, being a flat located at Ground Floor bearing No. C/6/13/1 at Safdarjung Development Area, New Delhi. The suit was based on agreement to sell d

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