RFA (OS) No.49/2014 Page 1 of 10

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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RFA (OS) 49/2014

RAMESH KUMAR BHAGCHANDKA

.....Appellant

Represented by:

Mr.V.P.Singh, Sr.Advocate

instructed by Mr.D.K.Rustagi,

Mr.Pankaj Gupta and

Ms.B.S.Bagga, Advocates

versus

MAHESH KUMAR BHAGCHANDKA & ORS. .....Respondents

Represented by:

Mr.Rajiv Nayyar, Sr.Advocate and

Mr.Arvind Nigam, Sr.Advocate

instructed by Mr.Ajoy K.Roy,

Mr.Nitesh Jain and Mr.Shantanu

Tyagi, Advocates for R-1

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG

HON'BLE MR.JUSTICE JAYANT NATH

PRADEEP NANDRAJOG, J.

1.

Vide order dated August 19, 2013 application under Order VII

Rule 11 of the Code of Civil Procedure filed by respondent No.1 praying

that the plaint be rejected was partially reflected upon by the learned

Single Judge only on the subject whether proper court fee had been

affixed on the plaint by the appellant. Holding, that in view of the

pleadings in the plaint wherein the appellant had neither pleaded actual

nor constructive possession of the suit properties, the appellant