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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Sanjeev Kumar - Appellant
Versus
Rajendra Sharma - Respondent
CM(M) 679 of 2022 & CM No. 31178 of 2022, CM No. 31179 of 2022
Decided On : 18-07-2022
| Table of Content |
|---|
| 1. petitions disposed of under stated terms. (Para 1 , 2 , 7) |
| 2. court rejected application as not maintainable. (Para 3) |
| 3. respondent agrees to hear application on merits. (Para 4) |
| 4. directions to hear arguments expeditiously. (Para 5) |
| 5. order on respondent’s application delayed. (Para 6) |
JUDGMENT
CM No. 31178/2022 (exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
CM(M) 679/2022 & CM No.31179/2022 (stay)
3. The impugned order dated 11th July, 2022 passed by the learned Senior Civil Judge ("the learned SCJ") in CS 107/20 (Rajendra Sharma v. Sanjeev Kumar) rejects the petitioner's application under Order IX Rule 7 of the Code of Civil Procedure, 1908 as not maintainable and relies, for the said purpose, on a judgment of the Supreme Court in Arjun Singh v. Mohinder Kumar [AIR 1964 SC 993].
4. After some hearing, Mr. Negi, learned Counsel for the respondent is agreeable, in order to further the interests of justice and without entering into the issue of the correctness of the impugned order dated 11th July, 2022, for issuance of a direction to the learned Senior Civil Judge to decide, on merits, the petitioner's application under Order IX Rule 7 of the CPC.
5. Accordingly, both parties are directed to appear before the learned SCJ on 22nd July, 2022. The learned SCJ is requested to hear the arguments on the petitioner's application under Order IX Rule 7 of the CPC on the said date and dispose of the said application as expeditiously as possible.
6. The learned SCJ is also directed to pronounce orders on the Order XII Rule 6 application of the respondent only after the expiry of at least one week from the decision on the petitioner's application under Order IX rule 7 of the CPC.
7. This petition stands disposed of in the aforesaid terms. CM 31179/2022 also stands disposed of accordingly.
Judicial discretion under procedural rules should prioritize substantive justice over mere technicalities, enabling courts to decide applications on their merits.
Timely resolution of procedural matters is essential for the expeditious conduct of trials.
Court emphasized liberal construction of applications under Order 9 Rule 7 CPC to favor merits over procedural technicalities, ensuring parties can contest their cases substantively.
The right of the petitioner to contest the matter in execution proceedings and the imposition of appropriate cost to allow participation, as provided under Order 9 Rule 7 of CPC.
Order 7 Rule 11 CPC application decided solely on plaint averments and documents; no defence consideration, issue-framing, or witness examination permitted, as it constitutes impermissible mini-trial....
Judicial efficiency is paramount; the High Court emphasized the need to expedite long-pending applications while acknowledging pandemic-related challenges.
The court allowed the appeal to be heard, staying the operation of the Trial Court's decree pending the deposition of the decretal amount.
The central legal point established in the judgment is the distinction between the provisions of Order XII Rule 6 CPC and Order VII Rule 11 CPC, and the applicability of each provision in different s....
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) ....
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