Rahul Garg VS Pradeep Kumar Aggarwal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

M.L.MEHTA
Rahul Garg – Appellant
Versus
Pradeep Kumar Aggarwal – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Aashish Gupta, Advocate with Mr. A. Garg, Advocate.
For the Respondent:Mr. Vinod Kumar Gupta, Advocate with Mr. Pradeep, Advocate.

JUDGMENT (ORAL)

M. L. Mehta, J. —This petition assails the order dated 10.1.2011 of CCJ/ARC whereby the civil suit being Suit No. 82/10 filed by the petitioner herein against the respondent Pradeep Kumar Aggarwal seeking damages on account of defamation was stayed under Section 10 CPC.

2. The filing of the aforesaid suit for recovery of damages on account of defamation (Suit No. 82/10) by the petitioner herein against the respondent has its genesis in the suit that was filed by the respondent against his (petitioner) sister Deepika Garg @ Deepika Mathur (Suit No. 731/09). This suit being 731/09 was filed by the respondent against Deepika for mandatory injunction and for specific performance and for recovery of Rs. 2,80,600. During the pendency of this suit, an application was filed by Deepika (defendant therein) under Order 7, Rule 11 CPC. Simultaneously, an application under Order 7, Rule 10(A) CPC was also filed by the respondent (plaintiff therein). Vide order dated 21.12.2009, the application under Order 7, Rule 10(A) of the plaintiff therein i.e. Pradeep Kumar Aggawal was allowed and the plaint was returned to him. Thereafter, he filed another suit being Suit No. 1/10 against D