Delhi High Court
Akash Chopra & Anr. vs Sudarshan Chopra & Ors. on 15 November, 2017
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 15.11.2017
RFA(OS) 33/2017
AKASH CHOPRA & ANR ..... Appellants
versus
SUDARSHAN CHOPRA & ORS ..... Respondents
Advocates who appeared in this case:
For the Appellants : Mr. Sudhir Nandrajog, Sr. Advocate with Mr. Prashant Mehta and Ms.
Vasundhara Bhardwaj, Advocates
For the Respondents : None
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MS. JUSTICE DEEPA SHARMA
JUDGMENT
SIDDHARTH MRIDUL, J (ORAL)
1. The present appeal is directed against the order dated 16.03.2017,
rendered by the learned Single Judge of this Court in CS(OS) 244/2016,
whereby the plaint filed by the appellants was rejected.
2. In order to appreciate the import of the submissions made on behalf of
the appellants, it would be necessary to extract the said impugned order
dated 16.03.2017, which is reproduced hereunder:-
"1. The amount, which the plaintiffs have undertaken on
8th November, 2016 to deposit as a pre-condition for
the suit to be entertained, has not been deposited as yet.
2. The counsel for the plaintiffs today again seeks
adjournment.
3. Several opportunities have been given to the plaintiffs
in this regard. It is evident that the plaintiffs do not
want to proceed with the suit.
4. No further arguments have been addressed by the
counsel for the plaintiffs.
5. The plaint is rejected.
6. The plaintiffs if files a fresh suit to therewith file a
copy of the orders dated 8th November, 2016, 16th
December, 2016, 19th January, 2017 and 27th February,
2017 and today's order."
3. Mr. Sudhir Nandrajog, learned Senior Counsel appearing on behalf of
the appellants submits that the plaint ought not to have been rejected since
none of the conditions, as stipulated in Order VII Rule 11 of the Code of
Civil Procedure, 1908 (for short 'CPC') were attracted to the facts of the
case, nor does the impugned order elaborate any of those reasons. It is
however conceded by Mr. Sudhir Nandrajog, learned Senior Counsel
appearing on behalf of the appellants, that the suit could have been dismissed
for non-prosecution, on account of the failure on the part of the appellants to
address arguments thereon.
4. We observe that in the impugned order dated 16.03.2017, it is
recorded that the appellants (plaintiffs therein) had not deposited a sum of
Rs.10,00,000/- (Rupees Ten Lacs only), as undertaken by them in terms of
the order dated 08.11.2016 in the suit, as a pre-condition for the same to be
entertained. Mr. Sudhir Nandrajog, learned Senior Counsel appearing on
behalf of the appellants, at this juncture states that they would deposit a sum
of Rs.10,00,000/- (Rupees Ten Lacs only), as a pre-condition for the suit to
be entertained in the event the same is restored to the file of the learned
Single Judge.
5. In our view, the impugned order dated 16.03.2017 does not clearly and
expressly indicate the reasons why the plaint came to be rejected, in terms of
the relevant provisions under Order VII Rule 11 CPC.
6. However, since the plaint could have been rejected on the ground of
non-prosecution thereof and further in view of non-deposit of the sum of
Rs.10,00,000/- (Rupees Ten Lacs only); in view of the aforementioned
undertaking of appellants and in the interest of justice, the impugned order is
set aside, subject to costs of Rs.25,000/- (Rupees Twenty Five Thousand
only), which the appellant shall deposit with the Delhi High Court Legal
Services Committee, within a period of two weeks from today.
7. The suit being CS(OS) 244/2016 is restored to its original number and
remitted back to the learned Single Judge for further proceedings, in
accordance with law, subject to the following conditions:-
(i) That the appellants shall deposit Rs.10,00,000/- (Rupees
Ten Lacs only), in terms of the order of the learned
Single Judge dated 08.11.2016 in the suit, with the
Registrar General of this Court, by way of Pay
Order/Demand Draft in his favour, within a period of two
weeks from today; and
(ii) That the above said amount of Rs.10,00,000/- (Rupees
Ten Lacs only) when deposited would be kept in a Fixed
Deposit Receipt initially for a period of six months to be
renewed from time to time, as per the directions that may
be issued by this Court.
8. With the above directions, the appeal is disposed of.
SIDDHARTH MRIDUL
(JUDGE)
DEEPA SHARMA
(JUDGE)
NOVEMBER 15, 2017
dn
