Delhi High Court - Orders
Women'S Christian Temperance Union Of ... vs Indian Church Trustees & Ors on 1 March, 2024
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1830/2006
WOMEN'S CHRISTIAN TEMPERANCE UNION OF INDIA
..... Plaintiff
Through: Mr. Saurabh Suman Sinha, Advocate.
versus
INDIAN CHURCH TRUSTEES & ORS. ..... Defendants
Through: Mr. Prafulla Ranjan Tiwary,
Advocate for D1.
Mr. D. Verma, Ms. Neha Sharma,
Advocates for D12/Counter-claimant.
Mr. Vinayak Batta and Mr. Yognedra
Kumar Verma, Advocates for D-5,
LRs. of D-7, D-10.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 01.03.2024 I.A. 11802/2023 (under Order IX Rule 4 CPC) seeking setting aside of Order dated 20.04.2023 and restoration of the suit to file)
1. The application under Order IX Rule 4 read with Section 151 CPC, has been filed on behalf of the plaintiff, seeking restoration of the suit.
2. It is submitted that the matter was listed on 20.04.2023 but since learned counsel was not well, he was unable to appear on the said date. It is further submitted that non-appearance has not been intentional. A prayer is made that the dismissed in default order be set-aside and the suit be restored to its original number.
3. Replies have been filed by the defendant Nos. 5 and 10, wherein 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 06/03/2024 at 20:59:39 objection has been taken.
4. Learned counsel for the defendants submits that the application is signed by the learned counsel and not by the plaintiff and the existence of the plaintiff is not known. Therefore, the application is liable to be dismissed.
5. Submissions heard.
6. Considering the submissions made in the application, the application is allowed and the suit is restored to its original number.
7. The objection taken by the defendants can be taken at the appropriate stage.
CS(OS) 1830/2006
8. On the basis of the pleadings, the following issues are framed:-
(i) Whether the 11 sale deeds as mentioned in para (a) of the prayer is null and void?
(ii) Whether the 11 sale deeds as mentioned in para (b) of the prayer clause is liable to be cancelled?
(iii) Whether the defendants are liable to be restrained from taking possession of any part of the property bearing No. 24, Rajpur Road, Delhi or transferring, alienating or creating third party rights in the said property?
(iv) Whether the plaintiff is entitled to decree of declaration? OPP
(v) Whether the plaintiff is entitled to cancellation of the sale deeds, as sought? OPP
(vi) Whether the plaintiff is entitled to permanent injunction, as prayed? OPP
(vii) Whether the defendant Nos. 5 to 10 are the bonafide purchasers 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 06/03/2024 at 20:59:39 of the suit property?
(viii) Whether the suit has been valued properly for the purpose of court fees? OPD
(ix) Whether the plaintiff has no locus standi to file the present suit? OPD 5, 6 & 8
(x) Whether the sale deed dated 21.07.1930 in favour of Ms. Mary J. Cambel is a forged and fabricated document? OPD 5, 6 & 8
(xi) Whether the suit is not maintainable as plaintiff is not a registered society under the Societies Registration Act 1980? OPD1
(xii) Whether Ms. Sulochana Prakash has no authority to sign, verify and execute the present suit? OPD1
(xiii) Relief.
9. No other issue arises or is pressed.
10. List of witnesses be filed within 15 days.
11. List before the learned Joint Registrar for PE on 01.05.2024.
CC 5/201412. In the Counter-claim, the following issues are framed:-
(i) Whether the counter-claimant Baptist Church Trust Association (BCTA) who is the defendant No. 1 in the counter-claim and the plaintiff i.e. Women's Christian Temperance Union of India, in the main suit, is liable to perform its part of the Development Agreement dated 23.09.2006, executed between the BCTA and the plaintiff in respect of the suit property bearing No. 24, Rajpur Road, Delhi- 110054 OP Counter-Claimant.
(ii) Whether the counter-claimant is entitled to relief of specific performance?
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 06/03/2024 at 20:59:40
(iii) Whether the respondent in the counter-claim is liable to be restrained from creating third party interest or transferring possession of the suit property bearing No. 24, Rajpur Road, Delhi?
(iv) Whether the counter-claim is time barred? OPP
(v) Relief.
13. No other issue arises or is pressed.
14. List of witnesses be filed within 15 days.
15. List before the learned Joint Registrar for PE on 01.05.2024.
NEENA BANSAL KRISHNA, J MARCH 1, 2024/RS 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 06/03/2024 at 20:59:40