PUNEET KUMAR NARULA Vs. AFZAL FAKIR SHAH

JUDGEMENT

(1.) These two petitions under Article 227 of the Constitution of India arise out of the same suit, being Civil Suit No. 148/2015 pending in the Court of the Additional District Judge, District West, Tis Hazari Courts, Delhi.

(2.) In C.M (M) 95/2018, the petitioner/plaintiff has challenged an order dated 17.10.2017 by which his application under Order I Rule 10 read with Order VI Rule 17 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") for impleadment of three new defendants and consequential amendment in pleadings, was dismissed. This Court issued notice in CM(M) 95/2018 on 22.01.2018 and directed that proceedings before the Trial Court shall continue, subject to the decision in the petition.

(3.) It transpired that on the very same day i.e., 22.01.2018, the Trial Court heard and decided an application filed by the defendants under Order VII Rule 11 of the CPC. Treating it to be an application under Order VII Rule 10 of the CPC, the Trial Court returned the plaint for want of territorial jurisdiction. The plaintiff applied for review of the aforesaid order, which was dismissed vide an order dated 12.03.2018. The orders dated 21.02.2018 and 12.03.2018 passed by the Trial Court are the subject matter of challenge in CM(M) 1073/2018.