Raminder Kaur vs Manmohan Singh & Anr on 20 September, 2023

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Delhi High Court - Orders

Raminder Kaur vs Manmohan Singh & Anr on 20 September, 2023

1. The present appeal under Section 96 of the Code of Civil Procedure, 1908 ["CPC"] is directed against an order and judgment dated 07.04.2022 by which an application for leave to defend the suit filed by the appellant herein, was rejected. Consequently, the suit filed by the respondent under Order XXXVII of the CPC was decreed for the sum of ₹10 lakhs.

2. During the course of hearing, learned counsel for the parties, upon instructions from both parties, who are also present in Court, are agreeable to disposal of the appeal by consent on the following terms:-

a. The impugned judgment and decree dated 07.04.2022 is set aside. b. The application filed by the appellant for leave to defend the suit is allowed, conditional upon the defendant providing security in RFA 766/2023 Page 1 of 3 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 22/09/2023 at 22:42:24 terms of the title of property bearing [No. C1/122, Ground Floor, Middle Portion Shop, Janakpuri, Delhi - 110058]. c. The aforesaid property is owned by the appellant and her husband, Mr. Jaspal Singh in equal shares. The appellant states that her husband is also agreeable to this arrangement. The appellant's husband, Mr. Jaspal Singh appears before the Court on video conference, and confirms this position.

d. The appellant and Mr. Jaspal Singh state that the property is unencumbered and they estimate that the value of the property is in the range of ₹60 to ₹70 lakhs.

e. The parties will appear before the learned Trial Court on 16.10.2023. On the said date, the appellant and her husband will be present before the Trial Court. They will hand over the title deeds of the property alongwith a valuation report of a Government approved valuer. The Trial Court will satisfy itself as to the adequacy of the security and record the statements of the appellant and her husband to the effect that, in the event the suit is ultimately decreed, the decretal amount may be recovered by sale of the property in question, if necessary.

f. If the learned Trial Court is not satisfied as to the adequacy of the security, it may pass such orders with regard to further security, as it considers appropriate.

g. The appellant will also file her written statement and list of witnesses before the learned Trial Court on 16.10.2023. The Trial Court may give such further directions for the progress of the suit, as expeditiously as possible.

RFA 766/2023 Page 2 of 3

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 22/09/2023 at 22:42:24

3. It is made clear that the impugned decree has been set aside, subject to compliance of the aforesaid directions. The appellant and her husband are required to file an undertaking to comply with the aforesaid terms before this Court within one week. Any breach of the aforesaid undertaking may lead to action in Contempt of Court. In addition, if the aforesaid conditions are not complied with, the learned Trial Court will decree the suit under Order XXXVII Rule 3(6)(b) of the CPC.

4. The appeal, alongwith the pending applications, is disposed of in terms of the aforesaid order.

PRATEEK JALAN, J SEPTEMBER 20, 2023 'pv'/ RFA 766/2023 Page 3 of 3 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 22/09/2023 at 22:42:24

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Delhi High Court - Orders