Final Order 3

Order Details: COPY OF ORDER
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CA 129/2023
VIJAY PAL @ VIJENDRA SINGH Vs. JYOTIPAL
PS Harash Vihar
14.12.2023
Video Conferencing Link of the Court is operative and functional.
Present: Sh. S. M. Dixit, Ld. Counsel for appellants.
Ms. Sakshi Arora, Ld. LAC for respondent.
1. The appellants have filed the present appeal challenging the
order dt. 05.07.2023 of Ld. MM (Mahila Court) whereby two separate
applications of appellants seeking deletion of their names from the array
of parties were dismissed.
2. On receipt of appeal, notice was issued to the respondent
who appeared before the Court represented by Ld. Legal Aid Counsel.
3. Submissions of both the parties heard.
4. Ld. Trial Court made following observations vide impugned
order dt. 05.07.2023:-
…........
Submissions heard on both the applications. Both the
applications are dismissed.
All respondents are directed to appear on NDOH and
to file their WS else their defence shall be struck off.
Petitioner is directed to file her evidence by way of
affidavit with advance copy to the opposite party on or before
the NDOH.
Put up on 29.08.2023.
5. In the opinion of this Court, Ld. Trial Court while
dismissing the two separate applications of appellants, neither referred to
the contents of complaint under DV Act nor considered the Domestic
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Incident Report filed by protection officer. Reason of dismissal of said
two applications is not mentioned in the order.
6. In the opinion of this Court, bare perusal of the order would
divulge that the said order is a non-speaking order. There is no material
in the said order which could be appreciated by this Court while hearing
the present appeal. Further, in the absence of any reason or material
forming basis of the impugned order i.e. dismissal of the two
applications, it would not be appropriate for this Court to introduce any
reason or ground to decide the said applications for the first time. It
would be appropriate if the applications are considered on the basis of
material available on the record of Ld. Trial Court.
7. In the aforesaid facts and circumstances, this Court
deems it appropriate and necessary to remand back the case to the
Ld. Trial Court to decide the two separate applications again, one
moved by R5 and R7 and another moved by R3 and R4 after
hearing the parties afresh.
8. The present appeal is accordingly dispose of.
9. Parties are directed to appear before Ld. Trial Court on
23.01.2024.
10. Copy of this order be sent to Ld. Trial Court for necessary
intimation and compliance.
11. Appeal file be consigned to record room.
(ARVIND BANSAL)
ASJ-05, Shahdara, Karkardooma,
Delhi-14.12.2023
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