RITU MISHRA & ORS. vs CHANDI PRASAD GUPTA & ORS.

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 26th, August, 2025 + CM(M) 370/2025 & CM APPL. 10802-10803/2025 RITU MISHRA & ORS. .....Petitioner Through: Mr. Deepak Singh Thakur, Ms. Komal Verma and Ms. Bhavna Sharma, Advocates. versus CHANDI PRASAD GUPTA & ORS. .....Respondent Through: Ms. Ravi Kr. Tomar, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a suit which seeks recovery of Rs.60 lacs. 2. The suit was filed in the year 2009 and when the abovesaid suit was pending adjudication before this Court on its original side, following issues were framed on 12.03.2014:- “i) Whether the suit is barred by limitation? OPD. ii) Whether the suit is liable to be dismissed for misjoinder of parties and misjoinder of cause of action? OPD. iii) Whether the plaintiff is entitled to refund of the earnest money along with interest totalling to Rs.60 lakhs from the defendants in pursuance to the agreements to sell dated 17.02.2006 and 01.03.2006 purported to have been executed by the defendants? If so, to what effect? OPP. iv) Whether the plaintiff is entitled to interest? If so, on what amount and for what period? OPP. v) Relief.” Signature Not Verified Digitally Signed CM(M) 370/2025 1 By:DINESH CHANDRA Signing Date:27.08.2025 19:46:46 3. However, with the change in the pecuniary jurisdiction, the suit, eventually, got transferred to District Courts. 4. When the case was at the stage of defendant’s evidence, the defendant came up with several applications including one application moved under Order XIV Rule 5 CPC and under Order I Rule 10 CPC and the prime grievance in the present petition is with respect to dismissal of the abovesaid applications. 5. The impugned order dated 27.01.2025 is a composite one. 6. Acc