Order 5

Order Details: COPY OF ORDER
Pdf Text: 8
CS 488/25
JAG MOHAN SHARMA Vs. RAVI MOHAN SHARMA
18.03.2026
Present : Sh. Ashwani Saxena, Ld. counsel for the plaintiff along with
plaintiff.
Sh. J.K. Sinha, Ld. LSA for the LRs of the defendant no. 1.
None for the defendant no.2.
As per the report of the Ahlmad, the Written Statement (WS) has been filed
on behalf of defendant no. 1 and a copy of the same has been supplied to the plaintiff.
An amended memo of parties has also been filed on behalf of the plaintiff
and a copy of the same has been supplied to the opposite side.
Ld. counsel for the plaintiff seeks time to file the replication.
No Written Statement or reply to the application under Order XXXIX Rules
1 and 2 read with Section 151 CPC has been filed on behalf of defendant no. 2 till date.
The prescribed period for filing the WS has already expired. Accordingly, the right of
defendant no. 2 to file the Written Statement is hereby closed and, consequently, her
defence is struck off. The right of defendant no. 2 to file a reply to the application under
Order XXXIX Rules 1 and 2 CPC also stands closed.
A last opportunity is granted to defendant no. 2 to appear and pursue the
case, failing which she shall be proceeded ex parte.
At this stage, Ld. counsel for the plaintiff pressed the application under
Order XXXIX Rules 1 and 2 read with Section 151 CPC.
Order on the application under Order XXXIX Rules 1 and 2 read with
Section 151 CPC:
Ld. counsel for the plaintiff advanced arguments on the lines of the plaint.
Page no. 1/2
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Ld. counsel appearing for the LRs of defendant no. 1 submitted that
defendant no. 1 was the owner of the suit property by virtue of a Will executed by the
propositus. During the course of arguments, it was further submitted that the LRs of
defendant no. 1 do not intend to alienate or dispose of the suit property during the
pendency of the present suit. His statement has been recorded separately in this regard.
No Written Statement or reply to the application under Order XXXIX Rules
1 and 2 CPC has been filed on behalf of defendant no. 2 within the prescribed period and
the opportunity to file the same already stands closed. Further, none has appeared on
behalf of defendant no. 2 to advance arguments on the said application; accordingly, the
right of defendant no. 2 to address arguments on the application also stands closed.
As per the submissions of the plaintiff as well as defendant no. 1 (through
LRs), the suit property originally belonged to the propositus, and defendant nos. 1 to 3
are the legal heirs of the propositus. The alleged Will in favour of defendant no. 1 shall,
however, remain subject to proof during the course of trial.
Considering the facts and circumstances of the present case, particularly the
statement made on behalf of the LRs of defendant no. 1 that they shall not alienate or
dispose of the suit property during the pendency of the present suit, the application
under Order XXXIX Rules 1 and 2 read with Section 151 CPC is hereby allowed.
Accordingly, the said application stands disposed of.
Ld. counsel for the plaintiff again seeks time to file the replication.
Put up on 28.05.2026.
(Vikas Garg)
DJ-05/East/KKD
Delhi/18.03.2026
Page no. 2/2
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