Delhi High Court - Orders
Anuradha Saha vs Roopak Pal on 29 July, 2024
Author: Navin Chawla
Bench: Navin Chawla
$~6 & 7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
(6) CS(OS) 1046/2015 & I.A. 9062/2017
ANURADHA SAHA .....Plaintiff
Through: Mr.Shambo Nandy, Adv.
versus
ROOPAK PAL .....Defendant
Through: Mr.Sumant De, Mr.Rohit
Kumar Singh, Ms.Shweta,
Advs.
(7)+ TEST.CAS. 36/2016 & I.A. 20251/2022
ROOPAK PAL .....Petitioner
Through: Mr.Sumant De, Mr.Rohit
Kumar Singh, Ms.Shweta,
Advs.
versus
STATE & ORS .....Respondents
Through: Mr.Shambo Nandy, Adv. for
R-2 (M-9748782671).
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 29.07.2024 I.A. 20239/2022 in CS(OS) 1046/2015 I.A. 20251/2022 in Test Cas 36/2016
1. These applications have been filed on behalf of the LRs of the defendants in the above suit and the LRs of the petitioner in the Test Case, praying for Mr.Deb Kumar Pal, their power of attorney holder, to be allowed to be added to the list of witnesses This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/07/2024 at 01:18:33 and for permission for the said witness to depose in the present case(s).
2. The learned counsel for the applicants submits that the said witness shall be produced by the applicants and the applicants do not require any assistance of this Court to summon the said witness.
3. The learned counsel for the non-applicant(s), however, on the other hand, submits that the applicants are yet to move an application in terms of Section 232 of the Indian Succession Act, 1925 (in short 'ISA') in the abovementioned Test Case. He further submits that the witness who is sought to be produced before this Court would not have any personal knowledge of the case.
4. In the rejoinder, the learned counsel for the applicants submits that as far as the application under Section 232 of the ISA is concerned, the same is being filed.
5. Having considered the submissions made by the learned counsels for the parties, in my opinion, whether the witness is relevant to the proceedings can only be determined at the hearing of the above cases, on conclusion of the evidence of the parties. This question cannot be determined at the present stage.
6. With respect to the objection of the learned counsel for the non-
applicant(s) that the LRs of the petitioner in the Test Case are yet to file an application under Section 232 of the ISA, the said objection shall also be considered at its relevant stage, as the LRs of the petitioner in Test Case have submitted that they are in the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/07/2024 at 01:18:33 process of moving an appropriate application in this regard. Therefore, the present applications are allowed without prejudice to the rights and contentions of the non-applicant(s) on the maintainability of the Test Case in absence of the application being filed by the LRs of the petitioner under Section 232 of the ISA.
7. The applications are allowed in the above terms. The LRs of the defendants in the suit/petitioner in the Test Case are permitted to produce the named witness for recording of his evidence. CS(OS) 1046/2015 & Test.Cas. 36/2016
8. List before the learned Joint Registrar (Judicial) on 11 th November, 2024 for the purpose of recording further evidence of the parties.
NAVIN CHAWLA, J JULY 29, 2024 RN/as Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/07/2024 at 01:18:33