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2023 Supreme(Del) 1757

PRATEEK JALAN
Sean Dushyant Manchanda – Appellant
Versus
Rabia Manchanda – Respondent


Advocates appeared:
Ms. Tara Ganju, Mr. Sarad Kumar Sunny and Mr. Animesh, Advocates, for the Plaintiffs.
Mr. Akhil Sibal, Senior Advocate with Ms. Vidhi Goel and Mr. Krishna Dev Yadav, Advocates, for the Defendant-2.
Mr. Meet Malhotra, Senior Advocate with Mr. Ravi SS Chauhan, Ms. Palak Singh, Advocates, for the Defendant-5(a).
Mr. Yogesh Jagia, Mr. Amit Sood & Mr. Chandan Dutta, Advocates, for the Defendant-5(b).
Ms. Jasmine Damkewala, Ms. Vaishali Sharma, Advocates, for the Defendant-5(c) and (d).
Mr. Diwan Singh Chauhan, Advocate, for the Defendant-5(e).

JUDGMENT

I.A. 8348/2015 (application under Order VII Rule 11 of the CPC), I.A. 16548/2015 (application under Order VII Rule 11 of the CPC), I.A. 3310/2016 (application under Order VII Rule 11 of the CPC) and I.A. 6799/2016 (application under Order VII Rule 11 of the CPC) in CS (OS) 3277/2014

1. This judgment will dispose of four applications for rejection of the plaint filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 [hereinafter, "CPC"], being I.A. 8348/2015 filed by defendant No. 5(b), I.A. 16548/2015 filed by defendant No. 5(e), I.A. 3310/2016 filed by defendant No. 2, and I.A. 6799/2016 filed by defendant No. 5(a).

2. The applicants seek rejection of the plaint, principally on the ground that the suit has been instituted mala fide, in abuse of the process of Court, that it is barred by estoppel (the plaintiff No.1 having filed an earlier suit on inconsistent and irreconcilable pleadings), and that the suit is bad for want of adequate Court fees.

A. FACTUAL BACKGROUND

3. There are two plaintiffs in the suit. Plaintiff No.2 is the daughter of plaintiff No.1. They are resident in the United States of America. Plaintiff No.1-Mr. Sean Dushyant Manchanda [hereinaft

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