MANOJ GARG Vs. SAMAY GARG

JUDGEMENT

(1.) The present Appeal under Sec. 10 of the Delhi High Court Act, 1966 read with Sec. 151 of the Code of Civil Procedure, 1908, [hereinafter referred to as the 'CPC'] has been preferred by the Appellant (Defendant No.3) assailing the Order dtd. 20/5/2025 [hereinafter referred to as the 'Impugned Order'] passed by the learned Single Judge in IA No. 17285/2023 in CS (OS) 275/2022, titled Shri Samay Garg v. Shri Ram Rattan Gupta & Ors. whereby the Appellant's application under Order VII Rule 11 of the CPC, seeking rejection of the plaint at the threshold, was dismissed.

(2.) The brief facts leading to the present Appeal, as pleaded, are that the Respondent No.1/Plaintiff filed a suit seeking the following reliefs:-

(3.) Thereafter, the Appellant/Defendant No.3 filed an application bearing I.A. No. 17285/2023 under Order VII Rule 11 of the CPC, seeking rejection of the plaint on multiple grounds, including that the suit was barred by limitation; that the plaint lacked a valid cause of action; and that the Plaintiff had suppressed material facts including prior litigation, particularly CS(OS) 186/2022, which allegedly pertained to the same subject matter and parties. It was further contended that the Plaintiff had approached the Court with unclean hands, having concealed the factum of his own execution of documents and the lawful consideration paid under the registered sale deeds.