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

Judgment text excerpt

$~8 * 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 Signature Not Verified Digitally Signed CM(M) 3450/2024 1 By:SONIA THAPLIYAL Signing Date:25.03.2025 12:18:23 determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include— (a) any adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal for default. Explanation.—A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final; 6. In view of the abovesaid definition, evidently,