Delhi High Court - Orders
Kumari Laxmi vs Rama Devi & Ors on 9 February, 2021
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.R.P. 235/2019
KUMARI LAXMI ..... Petitioner
Through : Mr. Manoj V.George, Advocate.
versus
RAMA DEVI & ORS ..... Respondents
Through : Mr. M. Gandhi, Advocate for
Respondent No.1.
Mr. Praveen Agrawal, Advocate for
Respondent No.5.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 09.02.2021 [Court hearing convened via video-conferencing on account of COVID-19]
1. Mr. M. Gandhi enters appearance on behalf of the respondent no.1 while Mr. Praveen Agrawal, enters appearance on behalf of the respondent no.5.
1.1. To be noted, there is no representation on behalf of the respondent nos.2 to 4. For the moment, adverse orders qua respondent nos. 2 to 4 are deferred.
1.2. Mr. Manoj V. George will furnish a fresh set of case papers to Mr. Gandhi and Mr. Agrawal, within two days, albeit via e-mail. 1.3. Counter-affidavit(s) will be filed within two weeks from today. 1.4. Rejoinder(s) thereto, if any, will be filed before the next date of hearing.
C.R.P. 235/2019 page 1 of 2 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:10.02.2021 20:58:09
2. The petitioner is aggrieved by the order dated 31.08.2019, passed by the learned ADJ, whereby respondent no. 5‟s application under Section 10 of the Code of Civil Procedure, 1908 [in short „CPC‟] was allowed. It appears that respondent no.5 has filed a partition suit [i.e. Suit No.71/2018] in the Court of Sub-Judge, Motihari District, Bihar. This suit was filed on 28.02.2018. The suit from which the present petition arises was filed in the district court, at Delhi, on 14.03.2018.
2.1. Admittedly, the suit filed in Delhi concerns properties which are situated in Delhi and as per the petitioner, form part of the estate of her father i.e. deceased Brajbihari Prasad.
2.2. According to the petitioner, her father died intestate. It is not in dispute that the suit filed in Bihar also pertains to the estate of the deceased Brajbihari Prasad.
2.3. Mr. Agrawal says that even though, the Bihar suit, relates to only those properties which are located in Bihar, the suit pertains to the entire estate of the deceased Brajbihari Prasad.
2.4 The petitioner, I am told, has been arrayed as a defendant in the said suit.
2.5. The aspect as to whether the provisions of Section 10 of the CPC would apply to the underlying suit and if they do, what would be the direction that the Court could pass in such a situation, will be examined on the next date of hearing.
3. List the matter on 22.03.2021, at the end of the supplementary board.
RAJIV SHAKDHER, J
FEBRUARY 9, 2021/tr Click here to check corrigendum, if any
C.R.P. 235/2019 page 2 of 2
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:10.02.2021
20:58:09