Sh. Randhir Jain vs Sh. Neeraj Parekh & Anr.
2014 Latest Caselaw 5430 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+                        C.M.(M) No.965/2014

%                                                           31th October, 2014

SH. RANDHIR JAIN                                                  ..... Petitioner
                           Through:      None

                           Versus

SH. NEERAJ PAREKH & ANR.                                       ..... Respondents

Through:

CORAM:

HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

1. The petitioner who is an Advocate impugns the order of the trial court

dated 05.8.2014, and which order has simply allowed further time to the

respondents/defendants to file replies to the applications under Order XII

Rule 6 of the Code of Civil Procedure, 1908 (CPC) and under Order XXVI

Rule 9 CPC.

2. I fail to understand as to how the extraordinary and discretionary

powers under Article 227 of the Constitution of India are being invoked in a

routine manner, and that too by an Advocate as a litigant, in seeking orders

that further time should not be given for filing replies to applications.

3. Powers under Article 227 of the Constitution of India are

extraordinary and discretionary powers, and they are meant not to be

exercised in a routine manner, more so to challenge the procedural orders.

4. Dismissed.

VALMIKI J. MEHTA, J OCTOBER 31, 2014 KA