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2023 Supreme(Online)(DEL) 7187

HIGH COURT OF DELHI
BALBIR SINGH – Appellant
Versus
BSES YAMUNA POWER LTD – Respondent


J U D G M E N T

MANMEET PRITAM SINGH ARORA, J (ORAL):

1. This regular second appeal filed under Section 100 of the Code of Civil Procedure, 1908 (‘CPC’) impugns the judgment dated 03.06.2022 passed by the SCJ – cum – RC, Shahdara District, Karkardooma Courts, Delhi (‘First Appellate Court’) in RCA SCJ No. 6/2021, titled as ‘Balbir Singh v. BSES Yamuna Power Ltd.’, whereby the First Appellate Court dismissed the appeal filed by the Appellant herein i.e., the plaintiff, against the judgment dated 19.11.2018 passed by the ACJ/CCJ/ARC, Shahdara District, Karkardooma Courts, Delhi (‘Trial Court’) in civil suit bearing CS No. 833/2017.

1.1. The Trial Court had vide judgment dated 19.11.2018 held that the suit for declaration, permanent and mandatory injunction filed by the plaintiff is not maintainable in view of Section 9 of CPC and Section 14 and 41 of the Specific Relief Act, 1963; and consequently, rejected the plaint under Order VII Rule 11 of CPC.

1.2. The Appellant is the plaintiff and the Respondent is the defendant. For ease of reference, the parties are being referred to by their original rank and status as was before the Trial Court.

1.3. The plaintiff who is presently an employee

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