NEXIM EXPORTS PVT LTD & ANR. vs B B PATEL & ANR.

Judgment text excerpt

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 18.07.2025 + C.R.P. 41/2023 & CM APPL. 6854/2023 NEXIM EXPORTS PVT LTD & ANR. .....Petitioner Through: Ms. Ananya Bhattacharya & Ms. Prerna Jain, Advocates. versus B B PATEL & ANR. .....Respondents Through: Mr. Abhishek Yadav, Adv. for R-1. Mr. Ayush Choudhary, Adv. for R-2. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed on behalf of the Petitioner under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] against the order dated 25.11.2022 passed by learned Additional District Judge-04, South East, Saket Courts, New Delhi [hereinafter referred to as “Impugned Order”] in an Application under Order XXI read with Section 151 of the CPC filed by the Respondent No.1/Judgment Debtor in Ex. 128/2017 captioned B.B. Patel v. M/s Nexim Exports Pvt. Ltd. 2. The maintainability of this Petition is a subject matter of challenge. It 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 Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:20.07.2025 C.R.P. 41/2023 Page 1 of 3 12:09:36 The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with ma