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DELHI HIGH COURT
V.KAMESWAR RAO
Dalip Singh Adhikari – Appellant
Versus
New India Assurance Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. appeal filed regarding a joint registrar's order. (Para 1) |
| 2. factual background of the filing and defects. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 3. court observations on timelines and filing procedures. (Para 8 , 19 , 20 , 21 , 23 , 24 , 28) |
| 4. ratio decidendi on importance of merits in litigation. (Para 14 , 25 , 26 , 27) |
| 5. conclusion allowing appeal and re-filing. (Para 29 , 30 , 31) |
JUDGMENT
V. Kameswar Rao, J. (ORAL)
O.A. 30/2022
1. The present appeal has been filed by the M/s. New India Assurance Company Limited/Defendant/Appellant herein, against the order dated July 12, 2022, passed by the Joint Registrar in I.A. No. 10473/2022 and I.A No. 10472/2022 in C.S.(COMM) No. 713/2021) with the following prayer;-
"It is, therefore respectfully prayed that the present petition may be kindly be allowed and order of Ms Vandana Jain, Joint Registrar (Judicial) Hon'ble High Court of Delhi in case no. C.S. (Comm.) No. 713/2021 titled `Dalip Singh Adhikari Vs. M/s The New India Assurance Co Ltd.' passed on 12.07.2022 may kindly be set aside with costs. Any other further order which this Hon'ble Court may deem fit and proper under the circumstances of the case may be passed."
2.
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