Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 17
Succ. Court 83/23
NEETU RANI Vs. STATE AND ANR
17.09.2024
Present : Mr. Shivam, Ld. Counsel for petitioner.
Ms. Shivani, Ld. Proxy counsel for respondents no. 3 to 5.
Ld. Proxy counsel for respondents no. 3 to 5 has submitted that the application
filed by her under Order 7 Rule 11 CPC is pending adjudication.
Heard on the application.
The application is premised on the ground that petitioner never validly married
the deceased, and there is no cause of action in her favour. It is a settled position of law that
while adjudicating an application under Order 7 Rule 11 CPC, only the contents of the petition
can be looked into. Reliance at this juncture can be placed on the judgment of the Hon’ble
Apex Court in
Saleem Bhai and Ors. Vs. State of Maharashtra and Ors. AIR 2003 SC759. In t
he case at hand, from perusal of the petition only, it cannot be inferred that the petitioner never
married the deceased. As such, it cannot be held that there is no cause of action available with
the petitioner, at this stage. Accordingly, the application stands dismissed with a cost of
Rs.500/- to be deposited by respondents no. 3 to 5 in DLSA (Central), THC. Receipt reflecting
payment of cost be placed on record on the NDOH.
Both the parties have informed that respondent no. 3 has expired. Time sought
by the petitioner to move an appropriate application for appointment of guardian of
respondents no. 4 and 5, and also to file amended memo of parties.
In the interest of justice, proceedings stand adjourned to 09.12.2024.
(Medha Arya)
ACJ-cum-ARC, Central
District, Tis Hazari Courts
17.09.2024
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