Delhi High Court - Orders
Mr. Rajiv Gupta & Ors vs Mr. Hira Lal Gupta & Ors on 11 January, 2023
Author: Yashwant Varma
Bench: Yashwant Varma
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 180/2018
MR. RAJIV GUPTA & ORS ..... Plaintiffs
Through: Mr. R.P. Sharma and Mr.
Manish Bhardwaj, Advs.
versus
MR. HIRA LAL GUPTA & ORS ..... Defendants
Through: Mr. Surinder Jain, Mr. Mayank
Gupta and Mr. Himanshu
Gupta, Advs. for D-2.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 11.01.2023 I.A. 19899/2022 (Examining the Signatures)
1. This application has been made for directions being framed for the signatures of Chander Mohan Gupta being forensically examined. The signatures are stated to appear on an Agreement To Sell and a Power of Attorney dated 17 August 1984.
2. From the order of 21 October 2019, the Court notes that issue No. 2 which has been framed requires the defendant No. 2 to prove that the late Chander Mohan Gupta had agreed to sell the property exclusively in his favour. The said issue also requires defendant No. 2 to establish that he had paid the entire sale consideration as reserved under the aforesaid agreement to sell. As the aforesaid order records, the onus to prove the above has been placed on the said defendant. The documents in respect of which the prayers stand made in the instant application have also been produced by defendant No. 2.
2. In that view of the matter and since the onus to prove issue No. 2 lies squarely on the said defendant, the Court finds no ground to Signature Not Verified Digitally Signed By:NEHA Signing Date:13.01.2023 11:44:38 grant the prayers as made here.
3. While learned counsel has referred to issue No. 3 as was framed by the Court and the consequences of proving the same on being placed on the plaintiffs, the Court finds that the said issue relates to the contention of the plaintiffs that defendant No. 2 had surreptitiously got the conveyance deed executed. That would be an issue which would clearly be distinct and separate from issue No. 2. The said issue would necessarily entail the defendant proving the Agreement To Sell and the Power of Attorney.
4. Consequently, the Court finds no merit in the instant application. It shall stand dismissed.
CS(OS) 180/2018 List before Joint Registrar for completion of evidence on 02.03.2023.
YASHWANT VARMA, J.
JANUARY 11, 2023 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:13.01.2023 11:44:38