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CASE NO.: Appeal (civil)  91 of 2008

PETITIONER: DALEEP SINGH

RESPONDENT: R.D. ARJUN

DATE OF JUDGMENT: 08/01/2008

BENCH: Tarun Chatterjee & Dalveer Bhandari

JUDGMENT: JUDGMENT   O R D E R  [Arising out of SLP [C] No. 20598 of 2006]  TARUN CHATTERJEE,J. 1.      Leave granted. 2.      This order is restricted to an order dated 31st of July,  2006 passed by a learned Judge of the High Court at  New Delhi in CRP No. 288 of 2005. We make it clear that  the learned counsel appearing for the appellant did not  press the appeal which has also been filed against the  order dated 31st of July, 2006 in CRP No. 362 of 2004  and therefore, this appeal stands dismissed in so far as  regards the order dated 31st of July, 2006 in CRP No. 362  of 2004.  The impugned order dated 31st of July, 2006 in  CRP No. 288 of 2005 runs as under: - \023Notice. Notice accepted by Mr. Anupam Srivastava on  behalf of the respondent.  It was pointed out  by both the learned counsel that leave to  defend has already been granted.  The points  raised in this petition have already been  raised in the written statement.  The learned  Judge will consider those objections while  disposing of the matter.  With these  observations, the petition is disposed of\024    

3.      Having heard the learned counsel for the parties  and after going through the impugned order as well as the  order of the trial Court rejecting the application filed under  Order 7 Rule 11 of the CPC, we are of the view that the  order impugned in this appeal was passed by the High  Court without applying its mind and without passing a  reasoned and speaking order. The High Court, in the  impugned order, had only referred that the points raised  in the petition under Order 7 Rule 11 of the CPC shall be  decided at the time of disposing of the original suit. That  being the position, the impugned order cannot stand and  accordingly, the order dated 31st of July, 2006 in CRP No.  288 of 2005 is set aside and the CRP No. 288 of 2005 is  restored to its original file. The High Court is requested to  decide the Civil Revision case being CRP No. 288 of  2005 at an early date preferably within three months from  the date of communication of this order. We make it clear  that we have not gone into the merits of the order, which  was challenged by the appellant before the High Court  rejecting the appellant\022s application under Order 7 Rule  11 of the CPC.  That will be decided by the High Court in  accordance with law.            

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4.      The appeal is allowed to the extent indicated above.   There will be no order as to costs.