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Delhi High Court - Orders

Smt. Sunita Gupta vs Shri Sudesh Kumar And Others on 27 February, 2020

Author: Mukta Gupta

Bench: Mukta Gupta

$~11
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 85/2017
     SMT. SUNITA GUPTA                            ..... Plaintiff
                Represented by: Dr. Arun Mohan, Sr. Adv. with Mr.
                                Arvind Bhatt, Adv.
                     versus

        SHRI SUDESH KUMAR AND OTHERS                ..... Defendant
                 Represented by: Mr. Sunil K. Mittal, Mr. Sushant Bali,
                                 Mr. Harshit Vashisht, Advs. for
                                 D-4 to 6.
        CORAM:
        HON'BLE MS. JUSTICE MUKTA GUPTA

                           ORDER
%                          27.02.2020
CS(OS) 85/2017

1. This Court has perused report of inquiry conducted in original suit being CS(OS) No.364/2005 which has been transferred to the District Court and is now numbered as CS 57724/2016.

2. As per the said inquiry report the original Will executed by late Shri Madan Gopal as claimed was never filed in this Court. I.A. 1222/2018 (u/O VII R 11 CPC by D-6)

1. The two issues in the present application are whether the present suit is barred under the provisions of Order II Rule 2 CPC read with Order VII Rule 11 CPC and whether the present suit is barred by limitation.

2. At request of learned counsel for the plaintiff, renotify on 28 th April, 2020.

MUKTA GUPTA, J.

FEBRUARY 27, 2020 'ga'