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[Cites 2, Cited by 1]

Delhi High Court - Orders

Mrs. Nirmal Malhotra vs Mrs. Urvashi Malhotra & Anr on 8 September, 2022

                            $~14
                            *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                            +     CS(OS) 156/2019 & I.As. 4089/2019, 14051/2019, 16107/2019,
                                  16108/2019,   16111/2019,      16488/2019,     10560/2021,
                                  15362/2021

                                  MRS. NIRMAL MALHOTRA                  ..... Plaintiff
                                               Through: Mr. Praveen K Sharma, adv,
                                                        (M-9999099325), (email ID:
                                                        [email protected])
                                               versus

                                  MRS. URVASHI MALHOTRA & ANR.        ..... Defendants
                                               Through: Mr. Dheeraj Malhotra, Mr.
                                                        Rambhakt Agrawal, advocates
                                                        for      D-1         &      2,
                                                        [email protected]
                                                         (M-9818107195)

                                  CORAM:
                                  HON'BLE MS. JUSTICE MINI PUSHKARNA
                                                      ORDER

% 08.09.2022 I.A. 14051/2019 (u/O XXXII Rules 4 & 15 read with Section 151 of CPC)

1. This is an application under Order XXXII Rules 4 & 15 read with Section 151 of CPC for appointment of guardian of the plaintiff.

2. Ld. Counsel for the plaintiff submits that the plaintiff has already expired. In view thereof, the present application is infructuous.

3. The present application is disposed of accordingly. I.A. 16107/2019 (u/S 151 of CPC for condonation of delay)

4. This is an application under Section 151 of CPC for condonation of delay of 130 days in re-filing the written statement on Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:14.09.2022 17:19:00 behalf of the defendants.

5. It is pointed out by ld. Counsel for the plaintiff that the written statement filed on behalf of the defendants has already been taken on record vide order dated 15.12.2020.

6. In view of the aforesaid, the present application has become infructuous.

7. The present application is disposed of accordingly. I.A. 16111/2019 (u/O XI, Rule 4 of the CPC)

8. This is an application on behalf of the defendant No.1 seeking leave of this Court to deliver Interrogatories to the plaintiff under Order XI, Rule 4 of CPC.

9. Since the plaintiff has already expired, the present application has become infructuous.

10. The present application is disposed of accordingly. I.A. 16108/2019 (u/S 151 of CPC for condonation of delay of 130 days)

11. This is an application under Section 151 of CPC for condoning delay of 130 days in re-filing application for leave to deliver interrogatories under Order XI, Rule 4 of CPC.

12. Since I.A. No. 16111/2019, application on behalf of the defendant No.1 for leave of this Court to deliver interrogatories has already been disposed of, the present application is also disposed of accordingly.

I.A. 10560/2021 (u/O XXII Rule 3 of CPC)

13. This is an application under Order XXII Rule 3 CPC to bring on record Mrs. Bhavna Chawla, as the only legal representative of Late Smt. Nirmal Malhotra.

Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:14.09.2022 17:19:00

14. Reply on behalf of the defendants have already been filed. List for arguments on 08.12.2022.

15. Interim orders to continue.

MINI PUSHKARNA, J SEPTEMBER 8, 2022 au Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:14.09.2022 17:19:00