Delhi High Court - Orders
Anup Singh Dhindsa vs Sabina Soni Nee Dhindsa on 8 March, 2022
Author: Amit Bansal
Bench: Amit Bansal
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 210/2020
ANUP SINGH DHINDSA ..... Plaintiff
Through: Mr. S. Santanam Swaminadhan with
Mr. Anand Singh & Mr. Kartik
Malhotra, Advocates.
versus
SABINA SONI NEE DHINDSA ..... Defendant
Through: Mr. Dayan Krishnan, Senior
Advocate with Mr. Rishi Agrawala,
Ms. Shruti Arora and Mr. Sukrit Seth,
Advocates.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 08.03.2022 IA No.9008/2021(u/O.VI R.17 of CPC)
1. This application has been filed under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC) seeking amendment of the plaint.
2. The case of the plaintiff is that the written statement was filed on behalf of the defendant on 19th October, 2020, in which it was stated by the defendant that the parents of the plaintiff and the defendant, Late Sh. Gurdev Singh Dhindsa and Late Smt. Komal Dhindsa, had executed their respective Wills, which were both dated 28th December, 2017. Through the present application, the plaintiff wishes to amend the plaint so as to lay a challenge on the aforesaid Wills. It is submitted by the plaintiff that the aforesaid Wills were not executed by Late Sh. Gurdev Singh Dhindsa and Late Smt. Komal Dhindsa by their own free will and were executed on account of undue Signature Not Verified Digitally Signed By:MAMTA CS(OS) No. 210/2020 Page 1 of 8 ARYA Signing Date:10.03.2022 11:31:24 influence exerted on them by the defendant.
3. Reply has been filed on behalf of the defendant opposing the said amendment. It is stated by the defendant that by way of the present amendment, the plaintiff is seeking to change the nature of the suit.
4. I have gone through both the aforesaid Wills filed by the defendant along with the written statement.
5. The relevant portions of Will of Late Sh. Gurdev Singh Dhindsa are reproduced below:-
"9. I also hold assets in the form bank accounts, mutual funds, stock market investments securities, shares, dividends, moveables etc.
10. This is my last will and/or codicil, notwithstanding any will made by me at any time heretofore made and I declare this to be my will. It will be effective after my death. It is my intention that subject to the payment of all my just debts, medical, funeral expenses, all properties, both movable(s) and immovable(s), that I possess on the date of my death shall be distributed in the manner stated below:
a. I declare my wife, Mrs. Komal Dhindsa, as the sole beneficiary and universal legatee of this will and she shall be entitled to all my estate(s), both movable(s) and immovable(s), and effects thereof absolutely and forever for her own use and benefit with full powers of alienation thereon till her lifetime. My daughter, however, shall have the right to protect my wife's possession of the property and assist her in that regard as her nominee.
b. In the event, my wife, Mrs. Komal Dhindsa pre-deceases me, in such eventuality, my daughter, Ms. Sabina Soni nee Dhindsa shall be entitled to all my estate(s), both movable(s) and immovable(s), particularly described above and effects thereof absolutely and forever."Signature Not Verified Digitally Signed By:MAMTA CS(OS) No. 210/2020 Page 2 of 8 ARYA Signing Date:10.03.2022 11:31:24
6. The relevant portions of the Will of Late Smt. Komal Dhindsa, which mirror the Will of Late Sh. Gurdev Singh Dhindsa, are extracted below:-
"9. I also hold assets in the form bank accounts, mutual funds, stock market investments securities, shares, dividends, moveables etc.
10. This is my last will and/or codicil, notwithstanding any will made by me at any time heretofore made and I declare this to be my will. It will be effective after my death. It is my intention that subject to the payment of all my just debts, medical, funeral expenses, all properties, both movable(s) and immovable(s), that I possess on the date ofmy death shall be distributed in the manner stated below:
a. I declare my husband, Mr. Gurdev Singh Dhindsa, as the sole beneficiary and universal legatee of this will and she shall be entitled to all my estate(s), both movable(s) and immovable(s), and effects thereof absolutely and forever for her own use and benefit with full powers of alienation thereon till her lifetime. My daguther, however shall have the right to protect my husband's possession of the property and assist him in that regard as his nominee.
b. In the event, my husband, Mr. Gurdev Singh Dhindsa pre- deceases me, in such eventuality, my daughter, Ms. Sabina Soni nee Dhindsa shall be entitled to all my estate(s), both movable(s) and immovable(s), particularly described above and effects thereof absolutely and forever."
7. Sh. Gurdev Singh Dhindsa expired on 27th December, 2019 and Smt. Komal Dhindsa expired on 20th June, 2020. It is the common case of the plaintiff and the defendant that the immovable properties that belonged to Sh. Gurdev Singh Dhindsa and Smt. Komal Dhindsa had already been divided between the plaintiff and the defendant in the lifetime of their parents. The immovable property at 13, Sunder Nagar Market, New Delhi came to the share of the plaintiff and the property at 40, Golf Links, New Signature Not Verified Digitally Signed By:MAMTA CS(OS) No. 210/2020 Page 3 of 8 ARYA Signing Date:10.03.2022 11:31:24 Delhi came to the share of the defendant. The subject matter of the present suit are the movable properties of Sh. Gurdev Singh Dhindsa and Smt. Komal Dhindsa, in respect of which the plaintiff has filed details, which are contained in Schedule-A to the plaint.
8. During the course of the hearing, the senior counsel for the defendant has submitted a written note, which is duly signed by Mr. Rishi Agrawala, the counsel for the defendant.
9. The said note is taken on record and the same is reproduced below:-
"ANUP SINGH DHINDSA v SABINA SONI CS OS 210 of 2020 Note on behalf of Defendant
1. We submit on instructions that all movables, as listed in the LC's Report, be retained by the Plaintiff, as they please.
2. Additionally, all other items collected by the Plaintiff upon Site visit on 11.10.2021 and 12.10.2021, as recorded in the Affidavit dated 19.10.2021, be also retained by the Plaintiff, as they please.
3. Dehors the Wills executed by the parents in favour of the Defendant, we submit, upon instructions, that upon the Plaintiff proving that such enlisted items (Schedule A) exist in name of either of the parents, the same will be divided equally amongst the Plaintiff and the Defendant.
4. In the interest of justice, and going by the conduct of the Plaintiff in making multiple attempts at interfering with the Defendant's immovable property, the Defendant submits that his Hon'ble Court may be please to pass an order directing that the Plaintiff himself, or through any of his successors, will have no claim in the immovable property situated at 40, golf links, which is in the name of the Signature Not Verified Digitally Signed By:MAMTA CS(OS) No. 210/2020 Page 4 of 8 ARYA Signing Date:10.03.2022 11:31:24 Defendant."
10. In addition, the senior counsel for the defendant draws the attention of this Court to the order of this Court dated 23rd March, 2021, wherein the submission of the counsel for the defendant has been noted that the defendant has no objection if the suit is decreed in terms of the report of the Local Commissioner and the plaintiff may keep all the movable goods inventoried by the Local Commissioner.
11. The counsel for the plaintiff submits that in principle, he is in agreement with the written note submitted on behalf of the defendant, subject to the defendant being called upon to answer interrogatories as sought by the plaintiff in IA No.1085/2021. However, he still wishes to press the present application seeking amendment of the plaint.
12. The defendant in the written note has categorically stated that dehors the Wills executed by the parents of the parties in favour of the defendant, the defendant is ready to share all movable properties of the parents of the parties equally with the plaintiff. It is further stated that all the movable properties that were found at the Golf Links property upon the visit of the Local Commissioner, have already been completely handed over to the plaintiff and the defendant has agreed for the same to be retained by the plaintiff. It is further stated that if the defendant comes across any further movable properties of the parents of the parties as have been enlisted in Schedule-A, the defendant is willing to share the same with the plaintiff.
13. The plaintiff has given a list of movable assets in Schedule-A to the plaint. The said Schedule contains certain movable assets, which are beyond what has already been inventoried by the Local Commissioner.
Signature Not Verified Digitally Signed By:MAMTA CS(OS) No. 210/2020 Page 5 of 8 ARYA Signing Date:10.03.2022 11:31:24Consequently, the burden of proof would be on the plaintiff to show that the remaining items in Schedule-A existed in the name of either of the parents of the parties.
14. The counsel for the plaintiff relies upon the judgment in Beena Sharma & Anr. Vs. Sarla Paul & Ors., 2016 SCC OnLine Delhi 1481, in support of his submissions, where the Court had allowed an application for an amendment to the plaint, seeking to incorporate a challenge to the Will, which was disclosed by the defendants in their written statement. There is no dispute with what was laid down in the said judgment. It is an admitted position that both the Wills dated 28th December, 2017 of Late Sh. Gurdev Singh Dhindsa and Late Smt. Komal Dhindsa respectively, were disclosed by the defendant herein in her written statement. However, in light of the submissions made and the note submitted on behalf of the defendant, the defendant has given up her right in the movable property of her parents as granted in her favour by the aforesaid Wills. The defendant in the written note has categorically stated that dehors the Wills executed by the parents of the parties in favour of the defendant, the defendant is ready to share all movable properties of the parents of the parties equally with the plaintiff, as enlisted in Schedule-A to the plaint. Therefore, in my view, in the context of the reliefs claimed in the suit, there is no necessity to challenge the aforesaid Wills. The proposed amendment to the plaint would unnecessarily enlarge the scope of the suit and cause delay in the adjudication of the suit.
15. In view of the above, the application is dismissed.
16. Let a copy of the written note, which is duly signed by the defendant and the counsel for the defendant, be placed on record within one week from today.
Signature Not Verified Digitally Signed By:MAMTA CS(OS) No. 210/2020 Page 6 of 8 ARYA Signing Date:10.03.2022 11:31:24IA No.1085/2021 (u/O.XI R.4, 12 & 14 of CPC)
17. This application filed on behalf of the plaintiff seeks a direction to the defendant to reply to the interrogatories and produce certain documents, details of which are given in paragraph 5 of the said application.
18. In my view, the aforesaid interrogatories and documents are relevant to the controversy raised in the present suit. This Court in Transport Corporation of India Ltd. Vs. Reserve Bank of India and Ors., MANU/DE/2499/2017 and Tara Batra Vs. Punam A. Kumar and Ors., MANU/DE/1968/2021, has held that the Court should be liberal in allowing interrogatories and production of documents as the same shortens the cross- examination and also supports the expeditious disposal of the suit.
19. In light of the aforesaid, the application is allowed.
20. The defendant shall answer the aforesaid interrogatories and produce documents in terms of an affidavit as prescribed under the provisions of Order XI of the CPC.
IA No.15458/2021 (u/O.XXXVIII R.5 of CPC)
21. The application stands withdrawn with liberty to file at a later stage, if the need so arises.
IA No.6689/2020 (u/O.XXXIX R.1&2 CPC) & IA No.10053/2021 (of the defendant u/O.XXXIX R.4 of CPC)
22. This Court had granted an ad-interim injunction vide order dated 10th August, 2020 in terms of prayer (a) of IA 6689/2020 till the next date of hearing and the said prayer is reproduced below:-
"a. Grant an ad-interim ex-parte injunction restraining the Defendant, her agent, attorney, servant etc. from transferring and / or alienating, selling, mortgaging, or creating any third party rights in Signature Not Verified Digitally Signed By:MAMTA CS(OS) No. 210/2020 Page 7 of 8 ARYA Signing Date:10.03.2022 11:31:24 the suit property either in whole or any part thereof in any manner whatsoever; and / or..."
23. It is stated by the senior counsel for the defendant that as on date, the defendant is not in possession of any of the movable assets of the parents of parties.
24. The aforesaid statement of the senior counsel for the defendant is taken on record and the defendant is bound by the same.
25. In light of the aforesaid, the ad-interim injunction granted vide order dated 10th August, 2020 stands vacated and both the applications stand disposed of.
26. Liberty is granted to the plaintiff to move an appropriate application in the event the plaintiff comes across any movable assets of Sh. Gurdev Singh Dhindsa and Smt. Komal Dhindsa, which are in possession of the defendant.
CS(OS) No. 210/202027. List before the Joint Registrar for completion of pleadings on 11 th May, 2022.
AMIT BANSAL, J.
MARCH 8, 2022 ak Signature Not Verified Digitally Signed By:MAMTA CS(OS) No. 210/2020 Page 8 of 8 ARYA Signing Date:10.03.2022 11:31:24