Full Order Text
Order 4 · 31 Jul 2023 · CNR DLNE030000032023
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 --