Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: Civ Suit 5/23
Smt. Indra Jain Vs. Prabhakar Jain
31.07.2023
Present: Sh. Brijesh Diwedi, Ld. Proxy Counsel for plaintiff
with plaintiff no. 2 in person.
Sh. Naman, Ld. Proxy Counsel for defendant no. 1.
Sh. Kapil Singhal, Ld. Counsel for defendant no. 2
and 3.
WS filed on behalf of defendant no. 1 along with an
application under Order 7, Rule 11 CPC and documents on
15.05.2023. Copy supplied.
Ld. Proxy Counsel seeks some time to file
replication along with reply to an application under Order 7, Rule
11 CPC by way of present suit, plaintiff has sought declaration
that he is the owner of 1/4th of the share in the suit property
bearing no. T-368, Gali no. 10, Gautam Puri, Delhi and C-389,
Gali no. 13, Usmanpur, Delhi.
Counsel for defendant no. 2 and 3 submits that in the
garb of present suit for declaration the plaintiff is seeking
partition which is not maintainable before this court as this court
would not have pecuniary jurisdiction to try the present case.
Further, it is submitted by Ld. Counsel for defendant
no. 2 and 3 that defendant no. 2 and 3 are the owner of property
bearing no. T-368, Gali no. 10, Gautam Puri, Delhi by virtue of a
will dated 11.04.2017 executed by their mother, Ld. Counsel for
defendant no. 1 submits that defendant no. 1 is the owner of both
the aforesaid properties ( T-368, Gali no. 10, Gautam Puri, Delhi
and C-389, Gali no. 13, Usmanpur, Delhi) by virtue of will dated
22.06.2021 executed by their mother.
-- 1 of 2 --
An application under Order 1 Rule 10 CPC has been
filed by the plaintiff today. Copy supplied to defendants. Be put
up for consideration on the application under Order 7, Rule 11
CPC on 04.09.2023.
Tania Singh
ACJ-cum-ARC-cum-CCJ
North-East/Karkardooma Courts
Delhi/31.07.2023
-- 2 of 2 --