M/S. GURUDUTT KAILASH CHAND SHARMA vs YASHANSH CONSTRUCTION PVT. LTD. & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 24th March, 2025 CM(M) 3450/2024& CM APPL. 55727/2024 M/S. GURUDUTT KAILASH CHAND SHARMA .....Petitioner Through: None. versus YASHANSH CONSTRUCTION PVT. LTD. & ORS. .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. None appears on behalf of the petitioner. 2. However, fact remains that a very short point is involved herein. 3. When the present petition was taken up by this Court on 23.09.2024, based on a query raised by the Court, the petitioner was given time to apprise as to how the present petition was maintainable. Fact remains, there is no representation from the side of the petitioner and no response to such query. 4. Petitioner had filed a suit and the same has been rejected under Order VII Rule 11 CPC. 5. Section 2(2) of CPC reads as under:- “(2) “decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively 6. In view of the abovesaid definition, evidently, a suit when rejected is also deemed to be a decree. 7. In such a situation, if anybody is aggrieved by the decree, the remedy is by filing appropriate appeal und