DEVENDER SINGH vs DILIP KUMAR

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:13.05.2025 + C.R.P. 200/2024 & CM APPL. 37751/2024 DEVENDER SINGH .....Petitioner versus DILIP KUMAR .....Respondent Advocates who appeared in this case: For the Petitioner : Mr. Kirti Uppal, Sr. Adv. with Mr. Shekhar Dasi, Mr. Mohd. Talha, Mr. Ayush Dassi & Mr. Deepesh Kasana, Advs. For the Respondent : Mr. Gaurav Kumar, Mr. Raj Kapoor & Mr. Vicky Kaur, Advs. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed challenging the order dated 16.04.2024 (hereafter ‘impugned order’), passed by the learned District Judge, in CS DJ 206/17, whereby the application filed by the petitioner/ defendant under Order VII Rule 11 of the Code of Civil Procedure, 1908 (‘CPC’) was dismissed. Signature Not Verified Signed By:HARMINDER KAUR C.R.P. 200/2024 Page 1 of 12 Signing Date:15.05.2025 18:00:05 2. The suit was filed by the respondent/ plaintiff for recovery of a sum of ₹1,44,55,000/- along with pendent-lite and future interest at the rate of 18% p.a. on the said amount, from the date of filing the suit till its actual realization. The plaintiff claimed that the defendant had concealed pending litigation with regard to the premises and had violated the Agreement to Sell dated 11.01.2016 towards which he paid a total sum of ₹69,50,000/- to the defendant and further ₹5,55,000/- towards the purchase of the e-stamp paper. 3. It is claimed that the plaintiff entered into the Agreement to Sell dated 11.01.2016 with the defendant in respect of the first and second floor with roof rights of the property bearing Mpl No. N-33, Dr. Mukherjee Nagar, Delhi-9 (hereafter ‘premises’), for a sum of ₹1,01,00,000/-, for which he paid a sum of ₹26,00,000/- as earnest money. It is stated that the defendant had assu