Ishan Sehgal vs Vandna Sehgal & Ors on 11 July, 2022

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Delhi High Court - Orders

Ishan Sehgal vs Vandna Sehgal & Ors on 11 July, 2022

Bench: Anup Jairam Bhambhani

                          $~5
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CS(OS) 196/2022 & I.A. 5714/2022, 6810/2022

                                ISHAN SEHGAL                                          ..... Plaintiff
                                                   Through:     Mr. Amardeep Singh, Advocate.

                                                   versus

                                VANDNA SEHGAL & ORS.                      ..... Defendants
                                             Through: Mr. Mandeep Singh Vinaik, Advocate
                                                      with Mr. Deepak Bashta, Advocate
                                                      for defendant No.1.
                                                      Mr. Parag P. Tripathi, Senior
                                                      Advocate with Mr. Simran Mehta,
                                                      Advocate for defendant Nos.2 and 4
                                                      to 6.
                                                      Ms. Anjali Sharma, Advocate for
                                                      defendant No.3.
                                CORAM:
                                HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                   ORDER

% 11.07.2022 I.A. No.6945/2022 (under Order 7 Rule 11 CPC) In compliance of order dated 26.05.2022, defendant No.2 has filed his response by way of an affidavit to Interrogatories Nos.2 to 5. Mr. Amardeep Singh, learned counsel for the plaintiff however submits that the answers are 'insufficient'; which is disputed by Mr. Parag P. Tripathi, learned senior counsel appearing for defendant Nos.2 and 4 to 6.

2. Mr. Tripathi, learned senior counsel appearing on behalf of defendant No.2, the applicant, submits that the plaint deserves to be rejected under Order VII Rule 11 of Code of Civil Procedure 1908 ('CPC').

Signature Not Verified Digitally Signed By:NEERAJ Signing Date:14.07.2022 CS(OS) 196/2022 Page 1 of 2 13:41:19

Mr. Singh, learned counsel appearing for the plaintiff, on the other hand contends, that plaintiff is entitled to judgment on admissions under Order XII Rule 6 CPC, even on an oral plea, without a formal application to that effect.

3. Although Ms. Anjali Sharma, learned counsel appearing for defendant No.3 submits that defendant No.3's application under Order XXXIX Rules 1 & 2 CPC, being I.A. No.5714/2022, also requires to be taken- up simultaneously, this court is of the view that application under Order VII Rule 11 CPC will have to be considered first, on the next date. Insofar as the oral plea of the plaintiff under Order XII Rule 6 CPC is concerned, Mr. Singh seeks time to cite judicial precedents that such plea is also to be considered simultaneously with the application under Order VII Rule 11 CPC.

4. Accordingly, for consideration of I.A. No.6945/2022, re-notify on 2nd August 2022.

5. The plaintiff will also be heard on the proposition that an oral plea under Order XII Rule 6 CPC must also be taken-up simultaneously.

ANUP JAIRAM BHAMBHANI, J JULY 11, 2022 Ne Signature Not Verified Digitally Signed By:NEERAJ Signing Date:14.07.2022 CS(OS) 196/2022 Page 2 of 2 13:41:19

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Delhi High Court - Orders