Delhi High Court - Orders
Xxxix Rules 1 And 2 Read With Section 151 ... vs Manish Arora & Anr on 2 February, 2022
Author: Asha Menon
Bench: Asha Menon
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 76/2022, I.A. 1747/2022 (of the plaintiff under Order
XXXIX Rules 1 and 2 read with Section 151 CPC)
ALKA BHATIA ..... Plaintiff
Through Mr. Ramesh Kumar, Advocate.
versus
MANISH ARORA & ANR. ..... Defendants
Through None.
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 02.02.2022
[VIA VIDEO CONFERENCING]
I.A. No. 1749/2022 (of the plaintiff under Section 151 CPC for condonation of 30 days of delay in re-filing the suit)
1. For the reasons stated in the application, the same is allowed and the delay in re-filing the suit is condoned.
2. The application stands disposed of.
I.A. No. 1748/2022 (exemption)
3. Allowed, subject to all just exceptions.
4. The application stands disposed of.
CS(COMM) 76/2022, I.A. 1747/2022 (of the plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 CPC)
5. The plaint be registered as a suit.
6. This is a suit for partition and rendition of accounts.
7. Issue summons in the suit and notice in the application to the defendants by all permissible modes, returnable before the Joint Signature Not Verified Signed By:MANJEET KAUR CS(COMM) 76/2022 Page 1 of 3 Signing Date:02.02.2022 22:37:52 Registrar.
8. The summons shall indicate that the written statement(s) to the suit and reply(ies) to the application be filed by the defendants within thirty days from the date of receipt of the summons. The defendants shall also file the affidavit of admission/denial of the documents filed by the plaintiff, failing which the written statement(s) shall not be taken on record.
9. The plaintiff is at liberty to file replication(s) to the written statement(s) and rejoinder(s) to the reply(ies) filed by the defendants within thirty days following the filing of the written statement(s)/reply(ies). The replication(s) shall be accompanied by the affidavit of admission/denial in respect of the documents filed by the defendants, failing which the replication(s) shall not be taken on record.
10. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the time lines.
11. Mr. Ramesh Kumar, learned counsel for the plaintiff, submits that the parties are brothers and sister. There are two properties, in respect of which, the plaintiff is seeking partition, having 1/3rd share in the same. The property bearing No. B-27/3, Wazirpur Industrial Area, Delhi- 110052, belonged to the father of the parties, late Sh. Subhash Arora, who expired on 8th January, 2005. The other property is a residential property bearing No. G/4,1st Floor, Vijay Nagar, Single Storey, Delhi, which was owned by the mother of the parties, late Smt. Raj Rani Arora, who expired on 28th January, 2018. It is submitted that despite repeated requests in this regard, the defendant No.1 is unwilling to effect the partition of the properties by metes and bounds. Hence, the present suit.
12. In view of the submission made, till the next date of hearing, the parties to the suit shall maintain status quo in respect of the title of the suit properties i.e. B-27/3, Wazirpur Industrial Area, Delhi-110052 and Signature Not Verified Signed By:MANJEET KAUR CS(COMM) 76/2022 Page 2 of 3 Signing Date:02.02.2022 22:37:52 G/4,1st Floor, Vijay Nagar, Single Storey, Delhi.
13. List before the Joint Registrar on 2nd May, 2022, for completion of service and pleadings.
14. Provisions of Order XXXIX Rule 3 CPC be complied with.
15. The order be uploaded on the website forthwith.
ASHA MENON, J FEBRUARY 2, 2022 ck Signature Not Verified Signed By:MANJEET KAUR CS(COMM) 76/2022 Page 3 of 3 Signing Date:02.02.2022 22:37:52