PANKAJ SHARMA & ANR Vs. DEVENDER KUMAR SHARMA

JUDGEMENT

(1.) Though a petition under Article 227 of the Constitution of India is not available against an order of dismissal of an application under Order XII Rule 6 of the Code of Civil Procedure Code, 1908 (CPC) and the remedy available thereagainst in the CPC being of a Revision Petition under Section 115 of the CPC but this petition having been entertained, it is not deemed appropriate to oust the petitioners/plaintiffs on this technicality.

(2.) This petition under Article 227 of the Constitution of India impugns the order [dated 2nd May, 2016 in CS No.33/2016 of the Court of Additional District Judge (ADJ)-II (Central), Tis Hazari Courts, Delhi] of dismissal of the application of the petitioners/plaintiffs under Order XII Rule 6 of the CPC.

(3.) The petition came up before this Court first on 16th January, 2017 when notice thereof was ordered to be issued. The counsel for the respondent/defendant has been appearing.