VINOD KUMAR AND ANR vs NEERAJ MITTAL AND ORS

Judgment text excerpt

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 08th July, 2025 + CM(M) 1175/2025 & CM APPL. 39528-39530/2025 VINOD KUMAR AND ANR .....Petitioners Through: Dr. D.K. Sharma, Advocate (Through VC) versus NEERAJ MITTAL AND ORS .....Respondent Through: CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM APPL. 39529-39530/2025 (exemption) Exemption allowed, subject to all just exceptions. CM(M) 1175/2025 & CM APPL. 39528/2025 1. Petitioners are plaintiffs before the learned Trial Court and are aggrieved by dismissal of their application moved under Section 151 CPC. 2. Learned counsel for petitioners submits that, initially, they had filed a site plan but due to some oversight and inadvertence, site plan was not specifying the directions appropriately and it was rather submitted “upside down”. 3. When the plaintiffs realized such inadvertent mistake, they moved an application under Section 151 CPC with request to take on record the “correct site plan”. It was also mentioned in the above application that locality in question is “Adarsh Nagar Extension” and due to oversight, such locality was described as “Adarsh Nagar”. According to plaintiffs, these are two different colonies and such aspect was also required to be appropriately Signature Not Verified Digitally Signed CM(M) 1175/2025 1 By:SONIA THAPLIYAL Signing Date:11.07.2025 11:38:48 clarified. 4. The impugned order would indicate that there were repeated directions to the plaintiffs to supply copy of the application to defendant no. 3 and despite there being specific orders in this regard, the plaintiffs did not supply the copy of such application to defendant no. 3. 5. The learned Trial Court was, therefore, compelled to dismiss the application in view of such conduct of the plaintiffs. 6.