Delhi High Court - Orders
Pushpa Sharma vs Arvind Sharma & Ors on 15 July, 2022
$~27 & 28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 313/2019
PUSHPA SHARMA ..... Plaintiff
Through: Mr. Sanyat Lodha with
Ms. Harshita Singhal,
Advocates for LRs of the
plaintiff
(M): 8447477651
Email:[email protected]
versus
ARVIND SHARMA & ORS. ..... Defendants
Through: Mr. Mani Karan Sharma,
Advocate for defendant no. 2.
(M): 9873870384
Email:[email protected]
+ TEST.CAS. 93/2011 & I.As. 14956-57/2018, 15679/2018,
282/2019, 5584/2019, 9661/2019
VINAY KUMAR SHARMA ..... Petitioner
Through: Mr. Mani Karan Sharma,
Advocate.
(M): 9873870384
Email:[email protected]
versus
STATE(NCT OF DELHI ) & O RS ..... Respondents
Through: Mr. Sanyat Lodha with
Ms. Harshita Singhal,
Advocates for respondent no. 4
(LRs).
(M): 8447477651
Email:[email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
Signature Not Verified
Digitally Signed
By:PREETI
Signing Date:22.07.2022
15:07:29
ORDER
% 15.07.2022
1. Both the aforesaid petitions, i.e. CS(OS) 313/2019 and TEST.CAS. 93/2011 pertain to the same Will dated 21.07.2005. Therefore, both the petitions have been listed together for the purposes of consolidating the trial of both the cases, as the suit seeks a declaration that the Will dated 21.07.2005 relied upon by the petitioner in the Testamentary case, is false and fabricated along with other ancillary reliefs.
2. Considering the fact that the suit challenges the Will for which probate has been prayed for in the testamentary case, it is deemed fit that the trial of both the cases is consolidated.
3. I am informed that the evidence in the testamentary case has already been commenced and one of the witnesses of the petitioner in the testamentary case i.e. defendant in the suit has already been concluded.
4. Attention of this Court has been brought to order dated 10.02.2020 in CS(OS) 313/2019. A perusal of the order dated 10.02.2020 shows that onus of proof of issue no. 1 with respect whether the Will dated 21.07.2005 is the validly executed last Will of late Shri Madan Lal Sharma has been put on defendants no. 2 and 3. Similarly, the onus of proof with respect to issue no. 2 and 3 as regards whether the will dated 21.07.2005 is forged and fabricated document and whether whether Late Shri Madan Lal Sharma had the legal capacity / competence to bequeath the properties as mentioned in Signature Not Verified Digitally Signed By:PREETI Signing Date:22.07.2022 15:07:29 the WILL dated 21.07.2005, is on both the plaintiff as well as the defendant.
5. Considering the aforesaid fact that in the testamentary case, the evidence of the petitioner, who is the defendant in the suit, has already commenced, with the consent of both the parties, it is directed that the defendant in CS(OS) 313/2019, who is the petitioner in the TEST.CAS. 93/2011, will continue leading his evidence and after the evidence of the defendant in CS(OS) 313/2019 is concluded, thereafter the plaintiff will lead his evidence.
6. Counsel for the defendant in CS(OS) 313/2019 states that as and when the need arises he may be granted liberty to lead rebuttal/additional evidence in case he is to continue with leading the evidence first. Liberty is granted to move an appropriate application as and when the situation arises.
7. The matter is listed before the Joint Registrar on 02.08.2022. However, both the parties jointly submit that the said date is not convenient to them.
8. Considering the joint request of the parties, the date of 02.08.2022 before the learned Joint Registrar is cancelled.
9. List the matter before the Joint Registrar for further evidence/directions on 06.09.2022.
MINI PUSHKARNA, J JULY 15, 2022 c Signature Not Verified Digitally Signed By:PREETI Signing Date:22.07.2022 15:07:29