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Delhi High Court - Orders

Rajiv Gupta vs L.R.Gupta, Huf Ors on 15 February, 2019

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

$~5
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+                                   CS (OS) 1968/2003
      RAJIV GUPTA                                                   ..... Plaintiff
                           Through:      Ms.    Priyal        Jain,     Advocate.
                                         (M:9654691494)
                           versus

      L.R.GUPTA, HUF ORS.                                     ..... Defendants
                    Through:             Mr. Manish Vashisht, Mr. Sameer
                                         Vashisht, Mr. Rikky Gupta and Mr.
                                         Manashwy Jha, Advocates for D-1 to
                                         3. (M:9013980691)
                                         Mr. P. K. Agrawal, Ms. Mercy
                                         Hussain, Ms. Tanmya Sharma,
                                         Advocates for D-4. (M:9873082898)
           CORAM:
       JUSTICE PRATHIBA M. SINGH
                    ORDER

% 15.02.2019 I.A. 13004/2018 The allegations in I.A. 1571/2006 are that Defendant No.4 - Smt. Sumangli Gupta @ Ms. Sumangli Jain had no knowledge of the present proceedings and that the present suit was disposed of on 9th January, 2006, behind her back. The Ld. Division Bench vide order dated 25 th April, 2017 has directed that the said I.A. is to be heard by this Court, first.

The Defendants have filed I.A.13004/2018 alleging that Defendant No.4 had complete knowledge of the proceedings and that she was, in fact, present in the Court at the time when the suit was disposed of. She also had knowledge of these proceedings due to other judicial proceedings, which were going on between the family members. In the facts and circumstances of the case, it is deemed appropriate to direct to Smt. Sumangli Gupta @ Sumangli Jain to be present in Court for recordal of her statement.

List on 3rd May, 2019.

PRATHIBA M. SINGH, J.

FEBRUARY 15, 2019/dk