DELHI HIGH COURT
PRATHIBA M.SINGH
Sunder Singh – Appellant
Versus
Ajay Pal Singh – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.
CM APPL.44257/2021 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
C.R.P.92/2021 & CM APPL.44256/2021 (for stay)
3. The present petition challenges the impugned order dated 30th June, 2021 passed by the Ld. ADJ, Karkardooma Courts, Delhi (hereinafter "Trial Court") in CS No.2581/16 titled Ajay Pal Singh & Ors. v. Rajinder Singh & Ors. Vide this common order, the Trial Court allowed the application of the Plaintiffs/Respondent Nos.1-6 (hereinafter "Plaintiffs") under Order VI Rule 17 CIVIL PROCEDURE CODE , 1908 (hereinafter "CPC") and rejected the application under Order VII Rule 11(d) CPC read with Section 11 CPC filed by the Defendants/Petitioner & Respondent Nos.7-54 (hereinafter "Defendant").
4. The present petition only relates to the application under Order VII Rule 11 read with Section 11 CPC. The question that has arisen in this case is as to whether the issue of a suit being barred by the principle of res judicata under Section 11 CPC can be a ground of rejectio
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