Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS DJ 917/23
AASVI Vs. OMVATI AND ORS
27.01.2025
Present: Sh. Sanjeev Deshwal, Sh. Nitin Gahlawat and Sh.
Devsh, Ld. counsels for plaintiff.
Defendant no. 2 in person.
Sh. Brahmanand Gupta, Ld. counsel for defendants
no. 1 to 4.
None for defendants no. 3 & 5.
An application under Section 151 CPC is pending on
behalf of defendant no.2.
Heard.
The claim is that process server is forced to receive
summons on behalf of other defendants. If this was so, the defendant
no.2 ought to have called at 100 number or atleast filed a written
complaint before the administrative authority of District Court against
the process server. No such thing has been done. No affidavit of
neighbour has been filed to justify this claim. Summons were received
by defendant no.2 Babli in respect of other defendants as they are her
family members and now she is just trying to wriggle out from such
service simply by blaming the process server. The application is
dismissed.
An application under Order 1 Rule 10 CPC has been
filed for deletion of defendant no.4. Copy supplied. Ld. counsel for
plaintiff submits that he is deleting defendants no. 4 & 5 both. His
statement is recorded. The application is disposed of. Defendants no. 4
& 5 are deleted from the array of parties. Plaintiff shall file amended
memo of parties.
Defendant no.3 shall be proceeded exparte henceforth.
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Counsel for plaintiff has filed affidavit regarding
admission-denial of documents. Copy supplied. Ld. counsel for
defendants have filed such affidavit on behalf of defendant Omwati
and Babli. Copy supplied.
On the basis of pleadings following issues are framed:
1. Whether minor plaintiff has any share in the property
left behind by Ajit Singh? OPP.
2. If issue no.1 is decided in affirmative, what would the
share of the minor plaintiff?OPP
3. Whether mother of the minor plaintiff had taken Rs. 2
Lacs from her husband and had relinquished all the
rights of minor plaintiff?OPD.
4. Relief.
The point of relief shall include the entitlement of plaintiff
for partition and other reliefs.
An application under Order 39 Rule 1 & 2 CPC is pending.
Arguments heard.
Since this is a partition suit and any disposal of property
will impact the rights of minor, it is directed that the defendants shall
not create any third party interest in the suit property till the disposal
of the suit. The application is disposed of.
Both the sides to file list of witnesses within 15 days.
Petitioner to file affidavit evidence in advance and take all necessary
steps to lead PE.
To come up for PE by way of affidavit for 28.07.2025.
(Rakesh Kumar Singh)
DJ-02/(N-W), Rohini Courts
Delhi/27.01.2025
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