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IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATEEK JALAN, J
M/S PINEAPPLE INFRA PROJECTS LTD – Appellant
Versus
SANTOSH KAUR & ORS – Respondent
| Table of Content |
|---|
| 1. petitioner challenges dismissal of application under order vii rule 11. (Para 1 , 2) |
| 2. suit involves partition of property with conflicting ownership claims. (Para 3 , 4) |
| 3. sustained legality of ownership rights based on inherited documents. (Para 5 , 8) |
| 4. court's principle to review only plaintiffs' claims in applications for rejection. (Para 6 , 9) |
| 5. principle that defenses are not to be considered in plaint rejection decisions. (Para 10 , 12 , 14 , 15) |
| 6. court upheld the trial court's refusal to entertain the rejection plea. (Para 16 , 18) |
1. By way of this petition under Section 115 of the Civil Procedure Code, 1908 [“ CPC ”], the petitioner, who is impleaded as defendant No. 18 in Civil Suit No. 47/20161 pending before the Court of learned Additional District Judge (Central), Tis Hazari Courts, Delhi, assails an order dated 18.02.2019, by which its application under Order VII Rule 11 of the CPC was rejected.
2. The suit is one for partition of immovable property bearing No. 2/54, Original Road, Karol Bagh, New Delhi [“the suit property”]. It was originally filed before this Court as Civil Suit (OS) No. 554/1988, by one Sardar N. Kirpal
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