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may 2025

Delhi High Court · 2025-05-22

MRS ANITA vs PURAN SINGH

Citation / case number
C.R.P.-87/2025 2025:DHC:4453
Court
Delhi High Court
Petitioner
MRS ANITA
Respondent
PURAN SINGH
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Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 22.05.2025 C.R.P. 87/2025 & CM APPL. 16621/2025 MRS ANITA .....Petitioner Through: Mr. Santosh Chauriha, Advocate. versus PURAN SINGH .....Respondent Through: Mr. S.P. Srivastava, Advocate. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed on behalf of the Petitioner under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] seeking to challenge an order dated 19.10.2024 [hereinafter referred to as “Impugned Order”] passed by the learned ADJ-05, South, Saket Courts, New Delhi. By the Impugned Order, the Application filed by the Respondent under Order VI Rule 17 of the CPC has been allowed by the learned Trial Court. 2. 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 the revisionist, would have finally disposed of the suit or proceedings. This is set out in the proviso to Section 115 of the CPC below: “Section 115 – Revision The High Court may call for the record of any case

MRS ANITA vs PURAN SINGH · Niyam