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N.D. Khanna Vs. Hindustan Industrial Corporation - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtDelhi High Court
Decided On
Case NumberCivil Revision Appeal No. 787 of 1979
Judge
Reported inAIR1981Delhi305; 1981(2)DRJ241
ActsCode of Civil Procedure (CPC), 1908 - Order 7, Rule 1; Delhi Rent Control Act, 1958 - Sections 14(1)
AppellantN.D. Khanna
RespondentHindustan Industrial Corporation
Excerpt:
.....there is no opportunity to the opposite party to rebut the same. however, the petition should have been rejected and not dismissed and the petitioner would be entitled to file a fresh petition on the same cause of action. - (1) order 7 rule (1) (a) of the civil procedure code is mandatory. the cause of action has to be disclosed in the plaint and not in replication because there is no opportunity to the opposite party to rebut the same. however, the petition should have been rejected and not dismissed and the petitioner would be entitled to file a fresh petition on the same cause of action.
Judgment:

(1) Order 7 Rule (1) (a) of the Civil Procedure Code is mandatory. The cause of action has to be disclosed in the plaint and not in replication because there is no opportunity to the opposite party to rebut the same. However, the petition should have been rejected and not dismissed and the petitioner would be entitled to file a fresh petition on the same cause of action.


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