Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2
CASE NO.:
Appeal (civil) 91 of 2008
PETITIONER:
DALEEP SINGH
RESPONDENT:
R.D. ARJUN
DATE OF JUDGMENT: 08/01/2008
BENCH:
Tarun Chatterjee & Dalveer Bhandari
JUDGMENT:
JUDGMENT
O R D E R
[Arising out of SLP [C] No. 20598 of 2006]
TARUN CHATTERJEE,J.
1. Leave granted.
2. This order is restricted to an order dated 31st of July,
2006 passed by a learned Judge of the High Court at
New Delhi in CRP No. 288 of 2005. We make it clear that
the learned counsel appearing for the appellant did not
press the appeal which has also been filed against the
order dated 31st of July, 2006 in CRP No. 362 of 2004
and therefore, this appeal stands dismissed in so far as
regards the order dated 31st of July, 2006 in CRP No. 362
of 2004. The impugned order dated 31st of July, 2006 in
CRP No. 288 of 2005 runs as under: -
\023Notice.
Notice accepted by Mr. Anupam Srivastava on
behalf of the respondent. It was pointed out
by both the learned counsel that leave to
defend has already been granted. The points
raised in this petition have already been
raised in the written statement. The learned
Judge will consider those objections while
disposing of the matter. With these
observations, the petition is disposed of\024
3. Having heard the learned counsel for the parties
and after going through the impugned order as well as the
order of the trial Court rejecting the application filed under
Order 7 Rule 11 of the CPC, we are of the view that the
order impugned in this appeal was passed by the High
Court without applying its mind and without passing a
reasoned and speaking order. The High Court, in the
impugned order, had only referred that the points raised
in the petition under Order 7 Rule 11 of the CPC shall be
decided at the time of disposing of the original suit. That
being the position, the impugned order cannot stand and
accordingly, the order dated 31st of July, 2006 in CRP No.
288 of 2005 is set aside and the CRP No. 288 of 2005 is
restored to its original file. The High Court is requested to
decide the Civil Revision case being CRP No. 288 of
2005 at an early date preferably within three months from
the date of communication of this order. We make it clear
that we have not gone into the merits of the order, which
was challenged by the appellant before the High Court
rejecting the appellant\022s application under Order 7 Rule
11 of the CPC. That will be decided by the High Court in
accordance with law.
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2
4. The appeal is allowed to the extent indicated above.
There will be no order as to costs.