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DELHI HIGH COURT
PRATHIBA M.SINGH
Sunder Singh – Appellant
Versus
Ajay Pal Singh – Respondent
| Table of Content |
|---|
| 1. impugned order and procedural context (Para 3) |
| 2. application of res judicata as a ground for suit rejection (Para 4 , 5) |
| 3. court's approach towards res judicata during trial (Para 7 , 8) |
| 4. res judicata should be framed as an issue (Para 9) |
| 5. disposal of petition with orders (Para 12 , 13) |
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 (h
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