NIMISHA BHAGAT vs RASHI MISRA

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 25th February, 2025 Pronounced on: 1st July, 2025 CM(M) 1065/2022 & CM APPL. 43909/2022 STAY NIMISHA BHAGAT ....Petitioner Through: Mr. Manish Gandhi, Ms. Rishika Nagpal and Mr. Suyash Pandey, Advs. versus RASHI MISRA .....Respondent Through: CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. This is a petition under Article 227 of the Constitution of India, seeking to set aside the impugned order dated 26.07.2022, passed by learned SCJ-cum-RC, Karkardooma Courts, Delhi in CS No. 187/2020, titled as “Nimisha Bhagat Vs. Rashi Misra”, whereby, the learned trial court dismissed the application under Order 6 Rule 17 of the Code of Civil Procedure [“CPC”], filed by the petitioner herein. 2. Shorn of all the unnecessary details, suffice to mention that petitioner filed a Suit for Recovery of friendly loan advanced to the respondent. Prior to the issue of summons to the respondent, the court below framed a preliminary issue on the limitation. While the case CM(M) 1065/2022 3. Trial Court heard arguments on both counts i.e. preliminary issue as also the application under Order 6 Rule 17 CPC and passed a co