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2024 Supreme(Del) 509

DHARMESH SHARMA
Usha Rani (Deceased) Through Lr – Appellant
Versus
Chander Mohan Gautam – Respondent


Advocates appeared:
Mr. Maninder Singh, Sr. Advocate along with Mr. Ajay Pipaniya, Mr. Imtiaz Hussain, Ms. Simran Chawdhary, Advocate and Ms. Nikita Garg, Advocates, for the Petitioner; Mr. Ram Kumar, Adv. for R-1 and Mr. Bharat Gupta, Adv. for DDA/R-3., for the Respondent

JUDGMENT

Dharmesh Sharma, J. - This Judgment shall decide the present civil revision petition filed by the petitioner/revisionist, who is the defendant No.1 in the suit filed by the respondents/plaintiffs pending before the learned Trial Court, assailing the Impugned Order dated 16.09.2023 passed by the learned Additional District Judge, North, Rohini Courts, Delhi[ADJ], whereby the petitioner's application under Order VII Rule 11 Code of Civil Procedure Code, 1908[CPC] seeking rejection of the plaint, was dismissed.

FACTUAL BACKGROUND:

2. Briefly stated, the present revision petition has been filed through the legal representative of late Usha Rani, who expired on 29.05.2021 during the pendency of the suit before the learned Trial Court. It is their case that the suit property bearing No. AE-197, Shalimar Bagh, Delhi-88[Suit Property] was gifted to Usha Rani vide Gift Deed dated 25.09.1980 by her father late Ram Saroop Gautam, out of natural love and affection and out of free will without any fraud and coercion. It is further claimed that the father of Usha Rani after the Gift deed wrote several letters to the DDA to transfer the lease rights owned by him to Smt. Usha Rani, and, afte

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