GAUTAM SALUJA vs JITENDER KUMAR SETHI & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on: 17th February, 2025 + C.R.P. 19/2021, CM APPL. 6339/2021 (stay) GAUTAM SALUJA S/o Sh. B.K. Saluja R/o B101, Munrika Appartments, Plot No. 91, Sector-9, Dwarka New Delhi-110077 .....Petitioner Through: Dr. (Maj.) J. C. Vashista, Advocate. versus 1. JITENDER KUMAR SETHI S/o Late Shiv Charan ...Respondent No.1 2. ALKA SETHI W/o Jitender Kumar …Respondent No.2 Both Resident of: A-16A, Vishwas Park Extension, Uttam Nagar, New Delhi-110059 Through: Mr. Aaditya Chopra, Advocate CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. The Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) has been filed on behalf Signature Not Verified Digitally Signed C.R.P. 19/2021 Page 1 of 11 By:VIKAS ARORA Signing Date:17.02.2025 20:16:21 of the Petitioner, Mr. Gautam Saluja, to assail the Order dated 08.01.2021 of learned ADJ, Dwarka, who has dismissed the Application under Order VII Rule 11 CPC, filed by the Petitioner (Defendant) in the main Suit for Declaration of the Judgment dated 15.11.2017 in CS No. 482/2019, as null and void, on the ground that it was obtained by fraud by the Respondents/Plaintiffs. 2. Briefly stated, the Respondents (Plaintiffs in the main Suit) had entered into an Agreement to Sell dated 12.09.2011 with the Petitioner (Defendant in the main Suit) in respect of the Property bearing No. A-37A admeasuring 100 sq. yds (15’x 60’) out of Khasra No. 23/18 in the revenue estate of Village Possangipur, Uttam Nagar, New Delhi (hereinafter referred to as ‘Suit Property’). The Petitioner/Defendant paid a sum of Rs.3.5 Lakhs on 12.09.2011 as earnest money out of the total sale consideration of Rs.34 Lakhs. He subsequently paid