ARUN KUMAR vs SIR SOBHA SINGH AND SONS (P) LTD.

Judgment text excerpt

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 26th May, 2026 + CM(M) 134/2026 & CM APPL. 3562/2026 ARUN KUMAR .....Petitioner Through: Mr. H. S. Sharma, Adv. with Petitioner-in-person. versus SIR SOBHA SINGH AND SONS (P) LTD. .....Respondent Through: Mr. Anand Singh and Ms. Prerna, Advs. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral) Rajneesh Kumar Gupta, J. 1. This hearing has been conducted through hybrid mode. 2. The present petition has been filed by the petitioner/appellant under Article 227 of the Constitution of India, read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”), assailing the order dated 17th December 2025, passed by the learned Principal District and Sessions Judge, New Delhi District, Patiala House Courts, in RCT No. 06/2024. 3. Heard. Record perused. 4. Learned counsel for the petitioner has argued that the application filed on behalf of the petitioner under Order XLI Rule 27 CPC, ought to have been considered at the stage of final hearing of the appeal. However, the learned Appellate Court has decided the said application prior to the final hearing of the appeal. Accordingly, the impugned order is liable to be set aside as it has CM(M) 134/2026 Page 1 of 3 Signature Not Verified Signed By:VAISHALI CHAUHAN Signing Date:29.05.2026 11:01:53 been passed in contravention of the law. Reliance has been placed upon the judgment of the Hon’ble Supreme Court in Union of India vs. Ibrahim Uddin & Anr. 2012 (8) SCC 148. 5. Per contra, learned counsel for the respondent has argued that there is no dispute with regard to the settled position of law that an application under Order XLI Rule 27 CPC is required to be considered at the time of the final hearing of the appeal. However, it is submitted that the learned Appe