Delhi High Court - Orders
D-5 Mrs. Abha Kumar & Ors vs Mrs. Jyotika Sawhney & Ors on 12 September, 2023
Author: Rekha Palli
Bench: Rekha Palli
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 397/2022, I.A. 10467/2022 -Int. relief. , I.A. 16075/2022 -O-
39, R-4. , , I.A. 7100/2023 -Delay155 days in filing W statement by
D-5
MRS. ABHA KUMAR & ORS. ..... Plaintiff
Through: Mr.Ajay Verma, Sr.Adv. with
Mr.Ishaan Verma, Ms.Diviani K Verma,
Mr.Armaan Verma, Advs.
versus
MRS. JYOTIKA SAWHNEY & ORS. ..... Defendant
Through: Mr.C.M.Lall, Sr.Adv. with
Ms.Madhavi Khare, Mr.Apoorva Bhumesh, Advs
for D-1 to 4.
Mr.Rohit Kathuria with Mr.Dhruv Verma, Advs
for D-5.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 12.09.2023 I.A. 16964/2022 -O-7, R-11. (D-1-4).
1. This is an application filed by the defendants no.1 to 4 under Order VII Rule 11 CPC seeking rejection of the plaint primarily on the ground that the suit does not disclose any cause of action and the reliefs sought in the suit are even otherwise grossly barred by limitation. It has been further averred that the suit has been undervalued as the plaintiff has valued the same on the basis of the circle rate of the suit property, as against the market value of the same.
2. Learned senior counsel for the applicants submits that the entire 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 16/09/2023 at 18:31:07 fulcrum of the plaintiff's case for seeking reliefs revolves around two gift deeds dated 25.10.1976 and 01.11.1995. By drawing my attention to the cross examination recorded in the connected TEST.CAS.No.18/2016, he contends that it is evident that the plaintiff no.1 and her husband were always well aware of the execution of the gift deed dated 01.11.1995 in favour of the defendant no.1, and therefore the suit is grossly barred by limitation. He further submits that in any event, the plaintiffs were put to notice about the gift deed dated 01.11.1995, through the reply filed by the defendants to the aforesaid testamentary case, on 18.07.2016. He thus contends that the suit wherein the plaintiffs are seeking declaration qua the two gift deeds having been filed beyond the three years' period provided under Articles 58 & 59 of the Schedule to the Limitation Act, is on the face of it barred by limitation. In support of his plea, he places reliance on a decision of the Apex Court in Ram Prakash Gupta v. Rajiv Kumar Gupta (2007) 10 SCC 59.
3. List for further submissions on 11.10.2023.
REKHA PALLI, J SEPTEMBER 12, 2023 sr 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 16/09/2023 at 18:31:07