ATTAR SINGH vs NITIN SHOKEEN & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 02.05.2025 C.R.P. 106/2023 ATTAR SINGH .....Petitioner Through: Mr. Pankaj Srivastava, Adv. versus NITIN SHOKEEN & ANR. .....Respondents Through: None. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) CM APPL. 71986/2024[Restoration] 1. This is an Application filed by the Petitioner seeking restoration of the present Petition. 2. In view of the order that the Court proposes to pass today and for the reasons as stated in the Application, the present Petition is restored. 3. The Application stands disposed of. C.R.P. 106/2023 4. The present Petition has been filed by the Petitioner under Section 115 of the Code of Civil Procedure, 1908 (‘CPC’) seeking to challenge an order dated 01.07.2022 passed by Ld. ADJ-03, Saket Court, New Delhi [hereinafter referred to as ‘Impugned Order’]. By the Impugned Order, an Application filed by the Petitioner under Order I Rule 10 of the CPC has been dismissed. 5. 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