P Suresh Rao vs Niranjani Rao & Ors

TARA VITASTA GANJU, J.: (Oral)

Allowed, subject to just exceptions.

The Application stands disposed of.

The present Petition has been filed on behalf of the Petitioner under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] against the order dated 14.07.2025 passed by learned District Judge-01, West, Tis Hazari Courts, Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, an Application under Order XII Rule 6 of the CPC filed by the Petitioner/Defendant has been dismissed by the learned Trial Court.

After some arguments, learned Counsel for the Petitioner restricts his grievance in the present petition to a finding qua the observations in paragraph 11 of the Impugned Order. It is submitted that these observations would come in the way of adjudication of the matter at the time of trial.

The learned Trial Court has in paragraph 11 of the Impugned Order given a finding with respect to the Written Statement as filed by the Petitioner. These findings have been given in the context of the discussions on the Application under Order VII Rule 11 of the CPC.

Needless to add, the observations made by the learned Trial Court in the Impugned Order shall not come in the way of the final adjudication in the matter.

The Petition is disposed of with the aforegoing directions. All pending Applications stand closed.

The parties shall act based on the digitally signed copy of the order.