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NIDHI GUPTA
SKRD Vet Pvt. Ltd. – Appellant
Versus
Ashok Wadhwa – Respondent
JUDGMENT
Nidhi Gupta, J.
Present Revision Petition has been filed by the petitioner/defendant seeking setting aside of order dated 03.12.2021 (Annexure P8) passed by learned Civil Judge (Junior Division), Gurugram vide which application (Annexure P6) filed by the petitioner/defendant under Order 7, Rule 11 of CPC for rejection of the plaint in Civil Suit No.2310/2021 titled as "Ashok Wadhwa and Another v. M/s SKRD Vet Pvt. Ltd." has been dismissed.
2. Brief facts of the case are that the petitioner is engaged in pet-healthcare services and is running pet-clinic in shop/office premises No.DG- 51, Ground Floor, Rodeo Drive, Arcadia-II, South City-2, Sector 49, Gurugram, Haryana. The petitioner had taken the said premises on lease from the respondent No.1 at a monthly rent of Rs.35,000/- vide three-year Lease Deed dated 06.10.2018.
3. As the petitioner found the abovesaid premises insufficient for the clinic, he signed another three-year Lease Deed dated 09.10.2018 with respondent No.2 herein for taking on lease adjoining office/space premises No.DG-50, Ground Floor, Rodeo Drive, Arcadia-II, South City-2, Sector 49, Gurugram, Haryana on a monthly lease rent of Rs.20,000/- (both shops No
A plaint must be read meaningfully to determine if it discloses a cause of action; issues of jurisdiction and limitation are to be resolved at trial.
The determination of whether premises qualify as a commercial dispute hinges on actual use, not merely the designation of the property as residential.
The suit for possession was maintainable without seeking a declaration of title as the plaintiff's title was not challenged, and the appellant's possessory claim was derived from a lease deed with a ....
An eviction suit under the M.P. Accommodation Control Act does not constitute a commercial dispute and is maintainable in Civil Court, not Commercial Court.
A lease agreement for property utilized commercially requires adherence to commercial dispute procedures, and refusal to pay rent based on residential classification is invalid if the commercial use ....
Res Judicata – Rule of res judicata does not strike at root of jurisdiction of Court trying subsequent suit – It is a rule of estoppel by judgment based on public policy.
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