KAMLESH DHINGRA THROUGH LR ARUN KHANNA vs DIN DAYAL AND ORS.

Judgment text excerpt

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 16th May, 2025 + FAO 55/2024 & CM APPL. 29912-29913/2025 KAMLESH DHINGRA THROUGH LR ARUN KHANNA .....Appellant Through: Mr. R.P. Pahwa with Mr. Prateek Khanna, Advocates. versus DIN DAYAL AND ORS. .....Respondents Through: Mr. M P Sinha and Mr. Yatharth Sinha Advocates for Respondent No.1 Ms Parul Dureja, Advocate for Respondent No. 4 CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The present appeal has been received from the learned Roster Bench. 2. On careful perusal of the contents of the appeal, it is noticed that the appeal has been filed under Order XLIII Rule 1 CPC and the impugned order is dated 05.12.2023. 3. This Court has gone through order dated 05.12.2023 and when it was asked from the learned counsel for the appellant as to under which particular clause of Order XLIII Rule 1 CPC, the present petition has been filed, no plausible answer came from his side. 4. This Court has gone through the impugned order dated 05.12.2023. The last para of the abovesaid order reads as under:- Signature Not Verified Digitally Signed FAO 55/2024 1 By:SONIA THAPLIYAL Signing Date:17.05.2025 16:33:48 15:02:09 “ The present case is the oldest case pending in the Court and needs to be disposed of at the earlier. None of the parties can be allowed to file application after application for the reason or the other. The documents already marked through the part examination in chief shall found part of the record. The documents, if any, filed alongwith the suit shall also form part of the record. All these documents shall be allowed to be proved in accordance with law. All other application of the plaintiff side shall not be taken on record. The application of plaintiff (without mentioning of provision