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NAVIN CHAWLA
VANDANA SHARMA – Appellant
Versus
AMAN MALLICK – Respondent
JUDGMENT :
NAVIN CHAWLA, J.
I.A. 18629/2022
1. This application has been filed by the plaintiff under Order XII Rule 6 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) praying for a decree to be passed in her favour based on the purported admissions of the defendant, estoppel, acquiescence, waiver, and abandonment of claim by the defendant in respect of the alleged Will dated 19th June, 2018 left behind by the mother of the parties, Late Smt. Kamla Mallick, by withdrawing the petition seeking grant of probate of said Will.
Claim of the Plaintiff in the Plaint:
2. The present suit has been filed by the plaintiff inter alia praying for a decree of partition of the property being plot bearing no. D-125, Saket, New Delhi, 110017, admeasuring 250 Sq. Yards and plot no. B-887, Greenfields Colony, Faridabad, Haryana, admeasuring 225.55 Sq. Yards (hereinafter collectively called ‘suit properties’).
3. The plaintiff asserts that the father of the parties, namely Sh. Gyan Chand Mallick, unfortunately passed away intestate on 25th July, 1998, leaving behind the plaintiff, the defendant, and their mother, Late Smt. Kamla Mallick, as his legal heirs. The property at Saket was m
The withdrawal of a probate petition does not prevent a party from asserting the Will as a defense in a subsequent suit, and the trial must proceed to resolve the issues.
The trial court improperly relied on defendant's documents and evidence in dismissing the plaint at the preliminary stage under Order VII Rule 11, highlighting the necessity for evidence before decid....
A plaint can only be rejected under Order 7 Rule 11(d) if it fails to disclose a cause of action or is barred by law, without regard to evidence or defenses raised in the written statement.
The main legal point established in the judgment is that the probate of a Will executed outside the local limits of the High Courts of Madras, Calcutta, and Bombay is not necessary under Sec. 213 of ....
The revocability of a Will under Section 62 of the Indian Succession Act and the requirement to prove the execution of a Will as any other document were the central legal points established in the ju....
The court established that a unified decree involving both a suit and counter claim can be appealed as a single entity, and failure to raise res judicata at the appropriate stage results in waiver of....
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