Delhi High Court - Orders
Smt Satula Devi vs Mr Rajeev Sharma & Ors on 12 April, 2022
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 203/2022 & I.A. 5656-57/2022
SMT SATULA DEVI ..... Plaintiff
Through: Mr. Vikas Singh, Senior Advocate
with Mr. Varun Singh, Ms. Deepika
Kalia, Mr.Kapish Seth, Mr.
Mrityunjai Singh, Mr. Ytharta Kuriar,
Mr. Akshay Dev, Ms. Alankriti
Dwivedi, Mr. Abhijeet Pandey, Ms.
Priyanka Khosla and Ms. Nimisha
Pandey, Advocates.
versus
MR RAJEEV SHARMA & ORS. ..... Defendant
Through: Mr. Ravi Sharma, Ms. Gunjan
Mangla, Ms. Madhulika Rai Sharma
and Mr. Anjani Kumar Rai,
Advocates for D-1.
Mr. Sandeep Sethi, Senior Advocate
with Mr. D. Abhinav Rao, Advocate
for D-2.
Mr. Mahesh Agarwal, Mr. Rishi
Agarwala, Ms. Niyati Kohli, Mr.
Pratham Vir Agarwal and Ms.
Manavi Agarwal, Advocates for D-
2A & 2B.
Mr. K.K. Rai, Senior Advocate with
Mr. Anshul Rai, Mr. S.K. Pandey,
Mr. Awanish Kumar, Mr.
Chandrasekhar A.C., Ms. Sreoshi
Chatterjee and Mr. Priyesh Mohan
Srivastavana, Advocate for D-3.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU CS(OS) 203/2022 Signing Date:12.04.2022 1
Signing Date:13.04.2022 16:27:05 21:10
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 12.04.2022
1. Learned senior counsel appearing for defendant No.2 objects to the maintainability of the suit and objects to the very registration of the Plaint as a Suit.
2. He submits that the plaint does not disclose a cause of action; plaintiff has not paid the requisite court fee on the valuation of the suit; the alleged plaint is highly barred by time and the reliefs claimed are barred in law.
3. He further submits that the suit though titled as a simpliciter suit for declaration is not maintainable as the plaintiff is obliged to seek consequential reliefs which are available.
4. This is disputed to by learned senior counsel for the plaintiff. However, parties pray for time to address argument.
5. Learned counsel appearing for Uma Devi submits that since Uma Devi is a beneficiary named in the Will, she is a necessary and proper party to the suit.
6. Learned senior counsel for the plaintiff under instructions submits that though Uma Devi has no right, title or interest in the estate left behind by Mr. Mahender Prasad, plaintiff has no objection to Uma Devi being impleaded as a defendant.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU CS(OS) 203/2022 Signing Date:12.04.2022 2
Signing Date:13.04.2022 16:27:05 21:10
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
7. List for hearing on 11.07.2022.
8. Learned senior counsel for the plaintiff submits that plaintiff is seeking urgent interim reliefs.
9. It is noticed that in Testamentary Proceedings, a former Judge of this Court has been appointed as the sole guardian with certain protective directions qua the estate.
10. As such, no ground is made out for passing interim orders at this stage.
SANJEEV SACHDEVA, J
APRIL 12, 2022
NA
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU CS(OS) 203/2022 Signing Date:12.04.2022 3
Signing Date:13.04.2022 16:27:05 21:10
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.