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

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:- 5. The appellant is plaintiff before the learned Trial Court and by virtue of said application, they, merely, prayed for ta