RAKESH KUMAR vs SARASWATI DEVI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 14th November, 2024 Pronounced on: 01st April, 2025 + CM(M) 3824/2024 RAKESH KUMAR .....Petitioner Through: Mr. Nipun Arora, Ms. Ananya, Mr. Aman Singh and Mr. Shivender Gupta, Advocates. versus SARASWATI DEVI .....Respondent Through: Ms. Vibha Walia, Advocate. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. Present petition has been filed under Article 227 of the Constitution of India, challenging the order dated 14.05.2024, passed by the learned trial court in Civil Suit No. 267/2023, titled “Saraswati Devi Vs. Rakesh Kumar”, whereby, the application of the petitioner herein (defendant before the trial court) filed under Order 7 Rule 10 of the Code of Civil Procedure, 1860 [“Code”] was dismissed. Petitioner herein, has prayed for setting aside the impugned order filed by the trial court mainly on the following two grounds:- (i) firstly, that the impugned order itself records that trial court does not have the jurisdiction over the suit as undisputedly, the suit Signature Not Verified Digitally Signed CM(M) 3824/2024 Page 1 of 9 By:SUNITA KUMARI Signing Date:01.04.2025 14:29:41 properties are not located within the territories of East District, however, the application of the petitioner has been dismissed by the trial court erroneously relying upon Section 21 of the Code and construing it as a bar upon the trial court, even though, Section 21 only applies to appellate proceedings, and (ii) secondly, the application of the petitioner has been erroneously dismissed by the learned trial on the ground that objections had been raised at a belated stage, without appreciating the fact that power under Order 7 Rule 11 can be exercised at any stage. 2. The facts relevant to the present petiti