Leave granted.
The appellant is aggrieved by the order dated
17.03.2016 passed by High Court of Delhi in CM(M)
321/2015.
As per the said impugned order, the High Court
rejected the application filed by the appellant under
Order 7 Rule 11 of the Code of Civil Procedure(CPC) for
dismissal of Civil Suit No.1428/1981 renumbered as JUDGMENT Civil Suit No.903/2011.
The High Court has taken the view that going by the
pleadings in the suit, it cannot be said that no cause
of action was made out.
In view of the judgment of this court dated
07.02.2014 in Civil Appeal Nos.1873-1877/2014, the suit
could not have been rejected under Order 7 Rule 11 of
CPC. Therefore, this appeal is dismissed.
However, we direct the Trial Court, in view of the
earlier directions, to expedite the trial and dispose
of the suit positively within six months.