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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment reserved on: 15.12.2025

Judgment pronounced on: 24.12.2025

Judgment uploaded on: 24.12.2025

+ RFA(OS) 127/2013

DR D K MODI .....Appellant

Through: Mr. Harish Malhotra and Mr.

Saurabh Kripal, Sr. Advs. along with Mr. Rakesh Kumar, Ms. Jayashree Shukla Dasgupta, Mr. Nilesh Kumar, Ms. Rishika

and Mr. Shivam Nayyar, Advs.

versus

V K MODI & ORS .....Respondents

Through: Mr. Sushil Dutt Salwan, Sr.

Adv. along with Mr. Atishi

Dipankar, Adv. for R-1.

Mr. T. K. Ganju, Sr. Adv. along with Mr. Lakshay Dhamija, Mr. Atishi Dipanker and Ms.

Vasudha Saini, Advs. for R-2.

Mr. Ravi K. Aggarwal and Mr. Ishaan Aggarwal, Advs. for R-3

to 6.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL

HON'BLE MR. JUSTICE HARISH VAIDYANATHAN

SHANKAR

J U D G M E N T

ANIL KSHETARPAL, J.

1. Through the present Appeal, the Appellant assails the correctness of the judgment dated 11.09.2013 [hereinafter referred to as ‘Impugned Judgment’] passed by the learned Single Judge, whereby the plaint in CS (OS) No. 974/2007 filed by the Appellant [Plaintiff before the learned Single Judge] was rejected under Order

VII Rule 11 of the Code of Civil Procedure, 1908 (CPC). The learned Single Judge concluded