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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
Arya Orphanage – Appellant
Versus
Mukti Dutta – Respondent
JUDGMENT :
ANIL KSHETARPAL, J.
1. These two Appeals have been filed by the Appellant under Section 10 of the Delhi High Court (Original Side) Rules, 1967, against separate orders passed by the learned Single Judge while deciding two separate applications. The first application, filed for rejection of the plaint under Order VII Rule 11 of the Civil Procedure Code, 1908 [hereinafter referred to as ‘the CPC’] was dismissed vide order dated 16.01.2018 [hereinafter referred to as ‘Impugned Order dated 16.01.2018], whereas, the second application, filed under Order XII Rule 1A of the CPC, has been allowed, while permitting the Respondent No.2(iii) to transpose as a plaintiff in the Civil Suit vide order dated 04.01.2024 [hereinafter referred to as ‘Impugned Order dated 04.01.2024]. The parties to the dispute are common; however, on account of distinct Impugned Orders, this Court deems it appropriate to bifurcate both the Appeals while referring to the parties similarly.
COMMON FACTUAL MATRIX:
2. The common facts leading to filing of the present Appeals and considered relevant for their adjudication, revolve solely around the property bearing no. 13, Barakhamba Road, New Delhi-110001 [herein
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