Order 5

Order Details: COPY OF ORDER
Pdf Text: CS 424/24
RAJ KUMAR KAKE Vs. BRIJ KISHORE AND OTHERS
08.10.2025
Present: Sh. Munish Chhokar, Counsel for Plaintiff
(appearing through VC).
Plaintiff in person.
Sh. Hari Shankar, Counsel for Defendant and
for applicant.
An application u/o 1 Rule 10 CPC has been filed
by applicant Veena Devi.
Counsel for plaintiff has submitted that plaintiff
does not wish to file any reply to the aforesaid application and
is ready for arguments on the application straightaway. Heard.
Arguments on the application addressed by
respective counsels heard.
During course of arguments, counsel for applicant
submitted that applicant has become owner of suit property on
account of execution of family GPA in favour of applicant by
defendant Brij Kishore and that present suit has been filed by
plaintiff for partition and possession and the said suit cannot
be decided without impleadment of applicant. He has
submitted that the said GPA is registered one and has been
executed before filing of present suit by plaintiff.
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Counsel for plaintiff on the other hand has
submitted that no consideration amount has been paid by
applicant to defendant Brij Kishore while executing family
GPA and even though right to sell has been provided to
applicant but consideration amount has been ordered to be
taken in name of defendant which clearly indicates that
defendant did not want him to divest of all alleged rights in the
suit property. He has submitted that though defendant cannot
by himself make claim over entire suit property. He has
submitted that the alleged will has also not been filed on
record by defendant. He has submitted that this is in a way
ploy by defendant to delay proceedings of present suit. He has
submitted that despite being served more than one year ago,
defendant is yet to file written statement and by way of filing
present application, defendant in a way wants to bring his
defence on record as in case, application is allowed and
applicant is made a party, defendant will indirectly put his
defence through applicant on record which cannot be
permitted as statutory period for filing WS has already lapsed.
Defendant has not filed written statement despite
he being served more than one year ago. No consideration
amount has been paid by applicant to defendant while
executing alleged family GPA. Defendant has asked applicant
to take consideration amount in case of sale of property in his
name meaning thereby that defendant has not divested him of
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all the rights which he may be having over suit property. In
these circumstances, I am of the view that applicant is not a
necessary party as GPA executed by defendant in favour of
applicant can always be revoked and filing of present
application may be to bring defence of defendant on record as
no WS has been filed by defendant till date despite lapse of
statutory period for filing the same. Application filed by
applicant to my mind is without merits and is accordingly
dismissed as applicant is not necessary party to decide present
suit.
Record perused.
Be put up for consideration of application filed by
plaintiff u/o 22 Rule 2 CPC for 25.11.2025.
(SONU AGNIHOTRI)
District Judge-04, East District,
Karkardooma Courts, Delhi
08.10.2025
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