RAKESH KUMAR vs SARASWATI DEVI

$~ * 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 2. The facts relevant to the present petition are that respondent (plaintiff before the trial court) had executed two registered gift dee