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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 19^th February, 2020

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CM(M) 1418/2018 and CM APPL. 48588/2018

SANJIV TIWARI ..... Petitioner

Through:

Mr. Sanjay Kumar Viseh and Mr.

Arvind K. Sharma, Advocates (M:

9899980152).

versus

DEEPAK POPTANI ..... Respondent

Through:

Mr. Aditya Rathee, Mr. Rohan

Dewan and Ms. Archana Saxena,

Advocates (M: 9810120000).

CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J. (Oral)

1. This petition raises an important question as to whether the counter-

claim filed by the Defendant/Respondent (hereinafter, “Defendant”) after

the commencement of the evidence of the Plaintiff/Petitioner (hereinafter,

“Plaintiff”) can be permitted or not.

2. A suit for recovery of Rs.19,44,073/- was filed by the Plaintiff – Mr.

Sanjiv Tiwari against Mr. Deepak Poptani in 2013 under Order XXXVII

CPC before the District Judge, Saket Courts Complex. The leave to defend

application was filed by the Defendant in the suit, however, the suit was

withdrawn with liberty to refile the same vide order dat