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DELHI HIGH COURT
JYOTI SINGH
Rohit Madan – Appellant
Versus
Aditya Madan – Respondent
| Table of Content |
|---|
| 1. background of financial transaction and agreement. (Para 3 , 4 , 5) |
| 2. petitioner's arguments regarding the dismissal of application. (Para 6 , 8 , 9 , 14 , 19) |
| 3. court's analysis of legal standard for rejecting plaint. (Para 10 , 11 , 15 , 18) |
| 4. clarification on cause of action and demurrer. (Para 12 , 13 , 17) |
| 5. final decision on the revision petition. (Para 21 , 22) |
JUDGMENT
Jyoti Singh, J. (Oral)
CM APPL. 53073/2022 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
C.R.P. 200/2022 & CM APPL. 53072/2022 (stay)
3. Present revision petition has been filed under Section 115 read with Section 151 CPC for setting aside the impugned order dated 23.09.2022, passed by the learned Trial Court, whereby the application filed by the Petitioner under Order VII Rule 11 CPC, has been dismissed. Petitioner herein is a Defendant in the suit and Respondent No.1 is the Plaintiff. Parties are hereinafter referred to by their litigating status before this Court.
4. The short narrative of facts to the extent necessary and relevant, shorn of unnecessary details, is that Respondent No.1 filed a suit for recovery of damages of Rs.1,64,51,
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