Delhi High Court - Orders
Surrender Kumar Singhal vs Kuldeep Singhal & Ors on 1 June, 2022
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 49/2021, I.As. 1048/2021, 3395/2021, 7984/2021 &
3323/2022
SURRENDER KUMAR SINGHAL ..... Plaintiff
Through: Dr. Amit George, Mr. Amol Acharya,
Mr. Rayadurgam Bharat & Mr. Piyo
Harold Jaimon, Advocates.
versus
KULDEEP SINGHAL & ORS. ..... Defendants
Through: Mr. Sandeep Sethi, Sr. Advocate with
Mr. Umesh Mishra, Advocate for D-
1, 3 to 8 and 9
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 01.06.2022 I.A. 7981/2021 (under Order 1 Rule 10 of the Code of Civil Procedure, 1908)
1. The present application has been filed on behalf of the plaintiff for impleadment of the parties. It is submitted in the application that the defendant no. 1, 2 and 8 in their written statements have disclosed that Rasaa Ventures Pvt. Ltd; Sh. Parul Singhal, Mrs. Vidhu Singhal and Sh. Ashwani Singhal had acquired interest in one of the property in Chail, Himachal Pradesh which is the subject matter of the present suit and have therefore requested that Rasaa Ventures, Sh. Parul Singhal, Mrs. Vidhu Singhal and Sh. Ashwani Singhal be impleaded as defendants.
2. In view of the submissions made, the application is allowed and Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:06.06.2022 12:23:09 Rasaa Ventures; Sh. Parul Singhal, Mrs. Vidhu Singhal and Sh. Ashwani Singhal are directed to be impleaded as defendant nos. 9 to 12. The plaintiff has further submitted that according to the facts disclosed in the written statement, one Mr. Rakesh Sharda is claimed to be the owner of the property in Chail, Himachal Pradesh, instead of late Shri. Janki Das Singhal. It is therefore submitted that Mr. Rakesh Sharda be also impleaded as a party to the present suit.
3. The present suit has been filed for partition of the property claiming that late Shri. Janki Dass Singhal was the owner of the property, located in Chail, Himachal Pradesh.
4. Mr. Ashwani Singhal, proposed defendant has also claimed that Mr. Rakesh Sharda was the owner of one property, located in Chail, Himachal Pradesh. The defendant no. 1 in his written statement has refuted the ownership of late Shri. Janki Das Singhal and has asserted that the property in Chail, Himachal Pradesh, originally owned by Mr. Rakesh Sharda and was never in the ownership of late Shri. Janki Das Singhal.
5. Mr. Rakesh Sharda at best can be considered as a witness to prove the ownership of the property but is neither a necessary nor a proper party in the present suit.
6. The application is partly allowed with Rasaa Ventures; Sh. Parul Singhal, Mrs. Vidhu Singhal and Sh. Ashwani Singhal impleaded as defendants but Mr. Rakesh Sharda is not considered as a necessary party for his impleadment.
7. The application is accordingly disposed of. I.A. 9059/2022(under Order V Rule 20(1A) of the CPC)
1. Since Mr. Rakesh Sharda is not considered as a necessary party, this Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:06.06.2022 12:23:09 application seeking substituted service of Mr. Rakesh Sharda is dismissed as infructuous.
2. The application is accordingly dismissed.
I.A. 9512/2021(under Order 7 Rule 11 read with Section 151 CPC)
1. This application has been filed on behalf of the defendant Nos. 1, 3 to 8 wherein various grounds have been taken for rejection of the plaint. One ground is that the requisite court fee has not been paid by the plaintiff.
2. Learned counsel for the plaintiff has taken a plea of requisite court fee having been paid.
CS(OS) 49/2021, I.A. 1048/2021,I.A. 3395/2021, I.A.7984/2021& I.A.3323/2022
1. Amended memo of parties as amended plaint qua defendants who have now been permitted to be impleaded, be filed within six weeks along with an advance copy to the defendants.
2. List for arguments on 2nd August, 2022 before Joint Registrar and before the Court on 22nd September, 2022.
NEENA BANSAL KRISHNA, J JUNE 1, 2022/pa Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:06.06.2022 12:23:09