PANKAJ AGGARWAL vs MEENAKSHI DUBEY

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 11 March 2025 Pronounced on: 2 September 2025 + FAO(OS) 4/2024, CM APPL. 2970/2024 PANKAJ AGGARWAL .....Appellant Through: Mr. Rajesh Gupta and Mr. Harpreet Singh, Advs. versus MEENAKSHI DUBEY .....Respondent Through: Mr. Pushkar Sood, Ms. Shikha Sood, Mr. Anshuman Sood, Ms. Rikky Gupta, Mr. Aarey, Ms. Ananya Singh and Mr. Samarth Sood, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL % JUDGMENT 02.09.2025 C. HARI SHANKAR, J. 1. This appeal assails order dated 18 December 2023, passed by a learned Single Judge of this Court in IA 15528/2023 in CS (OS) 496/20211. The application, which stands disposed of by the impugned order, was preferred by the appellant Pankaj Aggarwal2 under Order XIV Rule 2(2)3 of the Code of Civil Procedure, 19084, as the 1 Dr. (Mrs.) Meenakshi Dubey v Mr. Pankaj Aggarwal 2 “Pankaj” hereinafter 3 (2) Where issues both of law and of fact arise in the same suit, and the Court is of opinion that the case or any part thereof may be disposed of on an issue of law only, it may try that issue first if that issue relates to— (a) the jurisdiction of the Court, or (b) a bar to the suit created by any law for the time being in force, and for that purpose may, if it thinks fit, postpone the settlement of the other issues until after that Signature Not Verified FAO(OS) 4/2024 Digitally Signed By:AJIT Page 1 of 46 KUMAR Signing Date:02.09.2025 11:14:47 defendant in CS(OS) 496/2021, seeking that issues (i), (ii), (iv) and (v), as framed by the learned Single Judge on 2 May 2023, be treated as preliminary issues, as also under Section 105 of the CPC, praying that trial of CS (OS) 496/2021 be stayed pending disposal of CS 58565/2016, presently pending before the learned Tria