Final Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CNR No. DLCT01-013915-2024
RCA DJ 129/24
Siddhant Bansal Vs. Lokendra Kothari
26.09.2024
Present: Sh. Prashant Mehra, Ld. Counsel for the appellant.
Respondent is yet to be served.
At this stage, it is submitted by the Ld. Counsel for the
appellant that the present appeal has been preferred against the order
dated 08.07.2024 passed by the Ld. Civil Judge-01, Central, Tis Hazari
Court, Delhi on an application under Order XXXIX Rule 1 and 2 CPC
and the appeal to the said order has to be filed before the Ld. Senior Civil
Judge. He seeks permission to withdraw the present appeal with liberty
to file afresh before the appropriate forum i.e. Ld. Senior Civil Judge,
Delhi and requests that the appellant be granted the benefit of Section 14
of Limitation Act for pursuing the present appeal before the wrong
forum. Separate statement of Ld. Counsel for the appellant is recorded
in this regard.
In view of the submissions made and the statement of the
Ld. Counsel for the appellant so recorded today, the appellant is allowed
to withdraw the present appeal with liberty to file afresh before the Ld.
Senior Civil Judge (Central), Delhi. As the appellant was pursuing his
appeal before the wrong forum, he shall be entitled to benefit under
Section 14 of Limitation Act. The present appeal is accordingly
dismissed as withdrawn.
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At request, a copy of this order be given dasti to the Ld.
Counsel for the appellant.
File be consigned to record room, after due compliance.
(Neha Paliwal Sharma)
District Judge-03,(Central District),
Tis Hazari Courts, Delhi
26.09.2024
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