PREETI JAIN & ORS. vs ALKA SAXENA & ANR.

Judgment text excerpt

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 13.08.2025 + C.R.P. 234/2025 & CM Appls. 49917-18/2025 PREETI JAIN & ORS. .....Petitioners Through: Ms. Priya Kumar, Sr. Adv. with Mr. Kunal Kohli, Ms. Sudeshna Singh and Ms. Ekaa Sharma, Advs. versus ALKA SAXENA & ANR. .....Respondents Through: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) CM Appl. 49919/2025[Seeking condonation of delay] 1. The present Application has been filed on behalf of the Petitioners seeking condonation of delay of 8 days in filing the present Petition. 2. For the reasons as stated in the Application, the delay is condoned. 3. The Application stands disposed of. C.R.P. 234/2025 4. The present Petition has been filed on behalf of the Petitioners under Section 115 read with Section 151 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] against the order dated 23.04.2025 passed by learned District Judge-07, South East District, Saket Courts, Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, the Application under Order XXXII Rule 15 of the CPC filed by the Petitioners has been dismissed by the learned Trial Court. 5. The maintainability of this Petition is a subject matter of challenge. It Signature Not Verified Digitally Signed By:HONEY ARORA Signing Date:17.08.2025 C.R.P. 234/2025 Page 1 of 4 15:43:05 is no longer res integra that the provisions of Section 115 of the CPC cannot be invoked except where an order, if made in favour of the revisionist, would have finally disposed of the suit or proceedings. This is set out in the proviso to Section 115 of the CPC below: “Section 115 – Revision The High Court may call for the record of any case which has been decided by any Court subordinate to such High Cour