Order 13

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: PC/40/2024
DLCT010142232024
SMT TRIPTA CHAUDHARY Vs. HEMANT VERMA AND ORS
30.09.2026
Present:- Ms. Hemlata Jaimini and Mr. Jaivansh Jaimini, Ld. Counsels for
the Petitioner.
Mr. H.S. Kohli, Ld counsel for R-1 (on VC) along with R-1 in
person.
Mr. Sanjiv Kumar Jha and Mr. Sachin Bhatt, Ld. Counsels for R-2
along with R-2 in person.
R-4 is already exparte.
None for R-3 and R-5.
Replication to the written statement by respondent no.1 filed. Copy
supplied. Same is taken on record.
An application under VI rule 17 CPC as well as another application
under Order VII Rule 14(3) CPC filed.
Arguments heard.
Put up for orders on aforesaid applications.
(Virender Negi)
District Judge-05,
Central, THC, Delhi
30.09.2026
ORDER ON APPLICATION UNDER ORDER VI RULE 17 CPC
1. By way of this order, I shall dispose off an application under Order
VI Rule 17 r/w Section 151 CPC .
2. It is submitted that in the amended plaint dated 02.01.2025 which
was filed 04.01.2025 there has been a typographical error in para 9. It was
mentioned that “family of his old acquaintance who died in November 2022”, is
required to be amended as November 2023 as the old acquaintance Sh. Ram Pal
Singh Yadav (R.P.S. Yadav ) of deceased Sh. B. S. Verma died on 05.11.2023
-- 1 of 4 --
-2-
and not in November 2022, hence the same is required to be amended.
3. It is further submitted that another typographical error on Page no.
27 has occurred in verification clause of the amended plaint filed on 02.01.2025.
In verification clause it is mentioned that Para no.1-15 are true to the best of my
knowledge and belief. It is prayed to be amended as Para no. “1-14”.
4. Ld. Counsel for applicant/petitioner submits that the proposed
amendment is necessary for proper and effective adjudication of the matter and
does not change the nature and character of the petition.
5. Heard. Perused the application and the proposed amendments.
6. Considering the nature of the proposed amendment and the stage of
the proceedings, this Court is of the view that the amendment is necessary for
determining the real questions in controversy in the present proceedings. The
proposed amendment does not change the nature and character of the present
petition.
7. Accordingly, the application under Order VI rule 17 CPC is
allowed. Amended revocation petition is taken on record. Let copy of the same
be supplied to the respondents within 5 days from today.
Order on application under Order VII Rule 14(3) CPC
1. By this application, I shall dispose of application under Order VII Rule
14(3) R/W Section 151 CPC for seeking leave to file and to take additional
documents on record filed on behalf of the petitioner.
2. It is submitted that while scrutinizing the amended plaint dated
02.01.2025 in the List of documents it was written as below:
"ANNEXURE-3 - PHOTOCOPY OF FORENSIC REPORT OF THE
SIGNATURES VERIFICATION OF LATE SH. BHANWAR SINGH VARMA
ON ALLEGED WILL AND SIGNATURE AVAILABLE ON VARIOUS
GOVERNMENT DOCUMENTS"
-- 2 of 4 --
-3-
3. It is submitted that due to grammatical and typographical mistake second
last line "AND" was to be written as "along with Signature….” The copy of Pan
Card, photocopy of service book of deceased Sh. B.S. Verma and Bank
Guarantee submitted at Canara Bank Punjabi Bagh Delhi were the government
documents and are to be annexed with the plaint.
4. It is submitted that aforementioned documents were part of forensic report
submitted as annexure 3 and due to inadvertent error the aforementioned
documents were not annexed.
5. It is submitted that the said relevant documents are necessary for effective
adjudication and for the purpose of determining the real question of obtaining
the Letter of Administration through Fraud by submitting the false and
fabricated document i.e. alleged Will dated 25.07.2005 to the Hon'ble probate
court of Sh. A K Chawla.
6. It is submitted that the present application is being filed before this Court
with bonafide purpose without any prejudice to the other party and the same
should be allowed in the interest of justice.
7. It is submitted that bringing important fact and evidence before this
Court for fair and proper adjudication of the present matter, petitioner seeks an
opportunity to file the aforementioned additional document on record.
8. It is prayed that the petitioner may be allowed to file additional documents
i.e. copy of PAN Card, photocopy of service book of deceased Sh. B. S. Verma
and photocopy of bank guarantee submitted at Canara Bank, Punjabi Bagh
9. Considering the averments made in the application, the documents sought
to be placed on record are stated to be relevant to the controversy involved in the
present proceedings. The omission to file the documents is stated to have
occureed due to inadvertence. No prejudice is likely to be caused to the
opposite party as the said documents have already been pleaded in the petition
-- 3 of 4 --
-4-
and an opportunity to respond to the said documents can be afforded in
accordance with law to the respondents at appropriate stage.
10. Accordingly, the application under Order VII Rule 14(3) CPC is allowed.
The Petitioner is permitted to place the aforesaid documents on record, subject
to their proof, admissibility and evidentiary value, which shall be considered at
the appropriate stage.
Arguments on application under Order VII Rule 11 CPC heard.
Put up for orders on application under Order VII Rule 11 CPC on
05.10.2026.
(Virender Negi)
District Judge-05,
Central, THC, Delhi
30.09.2026
-- 4 of 4 --