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2014 Supreme(Del) 2807

DELHI HIGH COURT
Manmohan Singh, J.
Sanjay Bhargava - Appellant
Versus
Seema Bhargava - Resopndent
I.A. Nos. 2116/2012, 4775/2012, 195/2013, 1697/2014, 4435/2014 & Crl. M.A. 1562/2012 in CS (OS) No. 197 of 2012
Decided On : 21-07-2014

Advocates Appeared:
For the Plaintiff :Mr. Pradeep Dewan, Sr. Adv. with Ms. Nidhi Jain. Mr. Kunal Tandon and Mr. Shashank Shekhar, Advocates.
For the Defendant :Ms. Kajal Chandra, Ms. Swati Sinha & Ms. Prerna Chopra, Advocates.

Headnote:

Contempt of Courts Act - Suit for permanent injunction and rendition of accounts - Order XXXIX Rule 2A CPC, Order VI Rule 17 CPC, Section 151 CPC, Section 340 Cr. P.C., Sections 30 & 31 CPC, Order XIX Rules 1 & 2 CPC, Order VII Rule 11(a) & (b) CPC - Summary of Acts and Sections

Fact of the Case:

The plaintiff, the real brother of the defendant, filed a suit for permanent injunction and rendition of accounts against his sister, seeking a decree for partition and permanent injunction, alleging that the defendant was in possession of the suit property and had received gifts and a will from their father. The defendant sought vacation of the interim order and modification of the order allowing her to let out the suit property.

Finding of the Court:

The Court dismissed the defendant's application for vacation of the interim order and modification, rejected the defendant's application for rejection of the plaint, allowed the plaintiff's application for amendment of the plaint, and granted the plaintiff's application to summon witnesses at the appropriate stage.

Issues: The issues included the validity of the gifts and will received by the defendant, the maintainability of the suit for partition, and the rejection of the plaint.

Ratio Decidendi: The Court held that the plaintiff's amendment of the plaint was necessary for the determination of the real question in controversy and to avoid multiplicity of cases, and that the defendant's plea for rejection of the plaint could not be considered at that stage. The Court also allowed the plaintiff's application to summon witnesses at the appropriate stage.

Final Decision: The Court dismissed the defendant's application for vacation of the interim order and modification, rejected the defendant's application for rejection of the plaint, allowed the plaintiff's application for amendment of the plaint, and granted the plaintiff's application to summon witnesses at the appropriate stage.

Manmohan Singh, J.:--

1. By this order, I propose to decide all the pending applications, the details of which are mentioned as below:--

(i) I.A. No. 2116/2012 (under Order XXXIX Rule 2A CPC read with Sections 10 & 12 of the Contempt of Courts Act, 1871 & Section 151 CPC, filed by the plaintiff)

(ii) I.A. No. 4775/2012 (under Order VI Rule 17 read with Section 151 CPC, filed by the plaintiff)

(iii) I.A. No. 195/2013 (under Sections 30 & 31 read with Order XIX Rules 1 & 2 CPC, filed by the plaintiff)

(iv) I.A. No. 1697/2014 (under Section 151 CPC, filed by the defendant)

(v) I.A. No. 4435/2014 (under Order VII Rule 11(a) & (b) read with Section 151 CPC, filed by the defendant)

(vi) Crl. M.A. No. 1562/2012 (under Section 340 Cr. P.C., filed by the defendant)

2. Brief facts for the purpose of adjudication of these applications are that the parties are related to each other. The plaintiff is the real brother of defendant who filed the suit for permanent injunction and rendition of accounts against his sister i.e. defendant and prayed inter-alia in the plaint that a decree for partition be passed declaring the share of the plaintiff and the defendant as 1/2 share each in the suit property and other assets as mentioned in Annexure-A filed along with the plaint and the parties be given possession in view thereof. A decree for permanent injunction is also sought by the plaintiff directing the defendant not to alienate/transfer/sell/create any third party right in respect of all properties mentioned in Annexure-A.

3. The suit as well as the interim application being I.A. No. 1574/2012 (under Order XXXIX Rules 1 & 2 CPC) were listed before Court first time on 25th January, 2012 when the summons were issued in the main suit and notice in the interim application and the Court directed the defendant to maintain the status-quo with regard to the title and possession of the suit property, i.e. B-250, Priyadarshini Vihar, New Delhi.

4. Upon service, the defendant filed her written statement and reply to the injunction application. Along with the written statement, the defendant filed two applications; one under Order XXXIX Rule 4 CPC being I.A. No. 2311/2012, and another under Section 340 Cr.P.C., being Crl. M.A.1562/2012. Prior to that the plaintiff filed an application under Order XXXIX Rule 2A CPC being I.A. No. 2116/2012. After filing of the written statement, the plaintiff filed an application under Order VI Rule 17 CPC being I.A. No. 4775/2012. Directions were given to the parties to complete the pleadings in the pending applications and the plaintiff, in the meanwhile, also filed an application under Sections 30 & 31 CPC, being I.A. No. 195/2013.

5. By order dated 3rd May, 2013, this Court after hearing both the parties disposed of two applications; one being I.A. No. 1574/2012 (under Order XXXIX Rules 1 & 2 CPC filed by the plaintiff), and another being I.A. No. 2311/2012 (under Order XXXIX Rule 4 CPC filed by the defendant). The said order is reproduced herein below:-

“I.A. No. 1574/2012 (by the plaintiff u/O 39 R-1and2 r/w Sec.151 CPC) and I.A. No. 2311/2012 (by the defendant u/O 39 R-4 r/w Sec.151 CPC)

1. Pleadings are complete.

2. The plaintiff has filed the accompanying suit praying inter alia that the defendant be restrained from selling, transferring, alienating or parting with the possession of the premises bearing No. B-250, Priyadarshini Vihar, New Delhi.

3. On 25.1.2012, an ad interim ex parte order was passed in I.A. No. 1574/2012, directing the defendant to maintain status quo with regard to the title and possession of the suit premises till further orders. The said interim order is continuing to operate in favour of the plaintiff.

4. Counsel for the defendant seeks vacation of the aforesaid order on the ground that it is well within the knowledge of the plaintiff that two registered gift deeds, executed by the father of the parties in favour of the defendant, one dated 23.11.2007, gift



























































































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