Sh. Daulat Ram vs Smt. Seema Sharma & Anr.
2014 Latest Caselaw 4707 Del

      IN THE HIGH COURT OF DELHI AT NEW DELHI


                CM(M) 145/2014 & C.M.No.2615/2014


                                                  22nd September, 2014
SH. DAULAT RAM                                             ..... Petitioner
                    Through:     None

                    versus

SMT. SEEMA SHARMA & 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. No one appears for the petitioner. No one appeared for the

petitioner even on the last date of hearing.

2. The present petition under Article 227 of the Constitution of India

impugns the order of the trial court dated 19.8.2013 which has rejected

the application filed by the petitioner/defendant no.1 in the suit under

Order VII Rule 11, Code of Civil Procedure, 1908 (CPC).

3. A reading of the impugned order shows that the subject suit is a

suit for recovery of moneys on account of damages caused to the

plaintiffs/respondents for incurring expenses for preparation of the

ceremonies of the marriage, and which marriage could not go through on

account of illegal conduct of the petitioner/defendant no.1. Obviously

such a suit is maintainable because the issue was not that of a marriage

between Hindus being a matter of contract, but the issue in the suit is

that false representation of marriage was given, but which marriage

could not go through on account of the malafide act and attitude of the

petitioner/defendant no.1, and consequently the petitioner/defendant no.1

is entitled to pay damages on account of moneys spent towards

preparation of ceremonies of marriage. Such a suit plaint cannot be

rejected under Order VII Rule 11 CPC

4. Dismissed.

VALMIKI J. MEHTA, J SEPTEMBER 22, 2014 KA