KULDEEP SINGH Vs. RAJINDER KUMAR AND ORS

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 10223 of 2016, Judgment Date: Oct 20, 2016

                                                    NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.10223 OF 2016
                         (@SLP (C) NO.9887 OF 2016)


      KULDEEP SINGH                                   APPELLANT

                                VERSUS

      RAJINDER KUMAR AND ORS                        RESPONDENTS

                            J U D G M E N T

      Kurian, J.

      Leave granted.
      The appellant is aggrieved by the order  dated  17.03.2016  passed  by
High Court of Delhi in CM(M) 321/2015.
       As  per  the  said  impugned  order,  the  High  Court  rejected  the
application filed by the appellant under Order 7 Rule  11  of  the  Code  of
Civil Procedure(CPC) for dismissal of Civil Suit No.1428/1981 renumbered  as
Civil Suit No.903/2011.
      The High Court has taken the view that going by the pleadings  in  the
suit, it cannot be said that no cause of action was made out.
      In view of the judgment  of  this  court  dated  07.02.2014  in  Civil
Appeal Nos.1873-1877/2014, the suit  could  not  have  been  rejected  under
Order 7 Rule 11 of CPC. Therefore, this appeal is dismissed.
       However,  we  direct  the  Trial  Court,  in  view  of  the   earlier
directions, to expedite the trial and dispose of the suit positively  within
six months.


                                               ........................J.
                                                      (KURIAN JOSEPH)

                                              .........................J.
                                              (ROHINTON FALI NARIMAN)
      NEW DELHI,
      OCTOBER 20, 2016