Delhi High Court · 2025-05-27
MS MADHU SETHI vs ANIL ARORA
- Citation / case number
- C.R.P.-228/2024 2025:DHC:4758
- Court
- Delhi High Court
- Petitioner
- MS MADHU SETHI
- Respondent
- ANIL ARORA
Judgment text excerpt
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 27.05.2025 C.R.P. 228/2024 & CM APPL. 43257/2024 MS MADHU SETHI .....Petitioner Through: Mr. Pankaj Tomar, Advocate. versus ANIL ARORA .....Respondent Through: Mr. Nishant Gupta, Advocate CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed under Section 115 read with Section 151 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] seeking to challenge an order dated 09.07.2024 passed by the learned District Judge, COMM-02, West, Tis Hazari Courts (Extension Block), Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, an Application under Order VIII Rule 1(A) CPC filed by the Petitioner has been dismissed. 2. A challenge has been raised to the maintainability of this Petition. 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 whi