* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order : 22^nd August 2023 + C.R.P. 230/2023, CM APPL. 43040/2023 & 43041/2023 SH. PARVEEN KUMAR ..... Petitioner Through: Mr. Chirag Mittal, Advocate.

versus SH. VISHNU DUTT SHARMA ..... Respondent Through:

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

CHANDRA DHARI SINGH, J (Oral)

1. The instant petition has been preferred under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) seeking the following reliefs:

“a)set aside the impugned order dated 17.05.2023 passed by the Court of Sh. Divyang Thakur, Ld. Additional District Judge, South West, Dwarka, Delhi wherein the application under Order VII Rule 11 CPC filed by the Petitioner/Defendant in the Civil Suit bearing CS DJ No. 831/2019 title as “Vishnu dutt Sharma Versus Parveen Kumar” was dismissed.

b) pass any such other or further order which this Hon’ble Court may think fit and proper in the interest of justice.”

2. The relevant factual matrix briefly recapitulated for the disposal of the present petition is reproduced herein:

a) The respondent/plaintiff along with his brother and sister-in-law Signature Not Verified Digitally Signed By:SARIKA had allegedly taken Rs.3,00,000/- from the petitioner/defendant on the pretext of providing a government job .

b) Thereafter, the petitioner registered an FIR bearing No.

118/2010 at P.S Palam Village, under Sections 420, 120-B and 34 of the Indian Penal Code, 1860 against the respondent, along with his brother and sister-in-law, where under the investigating officer was unable to find substantial evidence against the respondent, her husband and her brother-in-law.

c) Subsequently, the respondent filed a civil suit bearing No.

831/2019, before the learned ADJ, Dwarka Court, New Delhi, for malicious prosecution against the petitioner seeking Rs.

5,00,000/- as compensation.

d) Thereafter, the petitioner filed his written statement in the abovementioned suit, along with an application under Order VII Rule 11 of the CPC, for rejection of plaint.

e) In his application under Order VII Rule 11 of the CPC, the petitioner claimed that the respondent along with her husband and brother-in-law are habitual offenders. The petitioner further claimed that no sufficient cause of action accrues in favour of the respondent as the complaint filed under Section 156 (3) of the Code of Criminal Procedure, 1973, is not a private complaint case and hence, the petitioner has no role to play.

f) Consequently, the learned Trial Court, dismissed the application under Order VII Rule 11 of the CPC, vide the impugned order dated 17^th May, 2023 in Civil Suit bearing No. 831/2019. Hence, the present petition..

Signature Not Verified Digitally Signed By:SARIKA

3. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has approached this Court challenging the impugned order under the revisional jurisdiction of this Court, since the impugned order dated 17^th May, 2023 passed by the learned Trial Court is erroneous, illegal and unjustified.

4. It is submitted that the respondent along along with his brother and sister-in-law have cheated many people in a manner similar to that of the petitioner and have several complaints registered against them. Learned counsel also submitted that the suit filed by the respondent against the petitioner is merely to tarnish the petitioner’s image in society

5. Heard the learned counsel appearing on behalf of the petitioner and perused the record.

6. As per the material on record, the learned Trial Court vide the impugned order dated 17th May, 2023 held that the grounds taken by the petitioner in his application filed under Order VII Rule 11 of the CPC, requires the Court to peruse the averments made in the plaint and the documents annexed thereto, in order to assess the case of the petitioner.

7. The learned Trial Court while passing the impugned order further observed that the grounds taken by the petitioner are triable issues and the Cou