In Brief
In this civil appeal, the Supreme Court examined a procedural matter arising from a property dispute in Delhi. A Single Judge had allowed the defendants' application under Order VII Rule 11 CPC to strike out the plaint. The High Court's Division Bench set aside this order and remitted the case for fresh consideration. The Supreme Court held that when remitting a matter with liberty to file a fresh application, the original application should be revived with liberty to amend pleadings. The Court directed that on remission, both parties could present all available contentions on merit, uninfluenced by prior orders. The appeal was disposed of accordingly with liberty to amend and fresh consideration."
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