Devesh Kumar Upadhyay vs. Rashmi Jain

Petition(s) for Special Leave to Appeal (C) No.5077/2017 in CR No. 238/2016 passed by the High Court of M.P. at Jabalpur) DEVESH KUMAR UPADHYAY Petitioner(s) VERSUS RASHMI JAIN AND ORS Respondent(s) (With appln. (s) for exemption from filing O.T. and interim relief) Date : 21/02/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Petitioner(s) Mr. S.S. Khanduja, Adv. Ms. Meenakshi Kalra, Adv. Mr. Yash Pal Dhingra, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Heard learned counsel for the petitioner.

As the present impugned order affirms the order of restoration of the suit by the trial court, we are not inclined to interfere. With regard to any other aspect, like maintainability of the suit or the abatement of suit, the same is open to be raised by the petitioner-defendant during the trial of the suit.

The special leave petition is, accordingly, disposed of.

Digitally signed by CHETAN KUMAR Date: 2017.02.23 16:31:32 IST Reason:

Signature Not Verified

(Chetan Kumar) Court Master

(H.S. Parasher) Court Master

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

(Arising out of impugned final judgment and order dated 25/11/2016