# ANIL KUMAR GUPTA & ANR. vs GEETA & ANR.

Court: Delhi High Court
Date: 2025-07-23
Citation: CM(M)-1331/2025 2025:DHC:6046
Petitioner: ANIL KUMAR GUPTA & ANR.
Respondent: GEETA & ANR.

[Official PDF on Delhi High Court website](https://delhihighcourt.nic.in/app/showFileJudgment/60923072025CMM13312025_132423.pdf)

## Judgment text (excerpt)

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 23rd July, 2025 CM(M) 1331/2025 & CM APPL. 43913-43914/2025 ANIL KUMAR GUPTA & ANR. .....Petitioner Through: Mr. Abhishek Aggarwal, Advocate versus GEETA & ANR. .....Respondent Through: None CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is plaintiff before the learned Trial Court and is aggrieved by order dated 16.07.2025 whereby the learned Trial Court has fixed up the matter for order on maintainability of the suit. 2. Learned counsel for petitioner submits that in the middle of the proceedings, the learned Trial Court could not have, suo moto, taken up the aspect of maintainability and, therefore, it is prayed that the aforesaid order may be, therefore, set aside. 3. He also submits that his various applications, including application seeking amendment in the plaint, are pending adjudication before the learned Trial Court and instead of deciding those applications, the learned Trial Court has fixed up the matter for order on maintainability. 4. Ideally speaking, any application which seeks amendment in the plaint, should have been answered swiftly, fact remains that since the learned Trial Cou

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