ORDER

% 19.01.2024

1. This hearing has been done through hybrid mode.

I.A. 6396/2022 (to place the case before the joint registrar) in TEST. CAS. 57/2014.

2. The present application has been filed by the Plaintiff-D.R.A Montford for presenting the case before the ld. Joint Registrar. The application is infructuous and is accordingly disposed of.

I.A. 16533/2023 in TEST CAS. 57/2014

3. This is an application by the Plaintiff for listing the testamentary case being Test. Cas. 57/2014 along with the CS(OS) 2552/2014. Since the testamentary case and the suit are being taken up together today, the present application is infructuous and is accordingly disposed of.

I.A. 3635/2023 (for directions) in TEST CAS. 57/2014

4. This is an application by the Respondent No. 2 seeking directions to expeditiously decide the present suit. Considering that the matter is being taken up today, the application is disposed of.

CS(OS) 2552/2014, CC 32/2015, CC 2/2023, I.As. 3270/2015, 14719/2015, 16251/2015, 21879/2015, 6219/2016, 14286/2018, 3544/2019, 10203/2020, 13977/2023 & 14502/2023 TEST. CAS. 57/2014

5. The present suit and testamentary case relate to disputes between the three sons of Late Sh. Manohar Singh Kochhar. The testamentary case being Test. Cas. 57/2014 has been filed by the Petitioner- DRA MOUNTFORD, who is the executor, seeking grant of probate in respect of the registered Will dated 18th March, 2003 executed by the Testator- Late Sh. Manohar Singh Kochhar. The suit being CS(OS) 2552/2014 is for declaration, permanent injunction, rendition of accounts and partition of the assets of Late Sh. Manohar Singh Kochhar. The parties in the suit are:

 Sh. Manjit Singh Kochhar - son  Sh. Harjit Singh Kochhar - son  Sh. Gauravjit Singh Kochhar - grandson  Sh. Guljit Singh Kochhar - son  Sh. Arjun Singh Kochhar - grandson

6. Apart from the suit, counterclaims have been filed by Defendant Nos.

5 and 6 being CC 32/2015 and CC 2/2023. The immovable assets are: i) E-24, Connaught Place, New Delhi ii) 71, Sunder Nagar, New Delhi iii) Willow Bank Estate, Shimla

7. There are several applications pending. Today, submissions have been heard partly on the following four applications:

i) I.A.3270/2015 ii) I.A.14719/2015 iii) I.A.16251/2015 iv) I.A. 21879/2015

8. All of these applications are broadly disputes involving Defendant No.1 and Plaintiff on one hand, and Plaintiff and Defendant No.5 on the other hand. In the application under Order VII Rule 11 CPC i.e., I.A.16251/2015, rejection of the counterclaim is sought on the ground that no challenge can be raised in respect of the Willow Bank Estate and Willow Bank Cottage situated at the Mall, Shimla, Himachal Pradesh on the ground of acquiescence and waiver. It is also argued that the counterclaim is barred by limitation.

9. I.A.21879/2015 is an application for amendment under Order VI Rule 17 CPC, filed by the counter-claimant-Guljit Singh Kochhar, seeking to amend the counterclaim, to add a ground of challenge to the gift deed dated 19th March, 1986, through which it is alleged that the father is stated to have gifted the said Willow Bank Estate in favour of Plaintiff and Defendant No.1.

10. I.A. 3270/2015 and I.A. 14719/2015 are applications under Order XXXIX Rule 1 and 2 CPC and Order XXXIX Rule 4 CPC respectively.

11. Today, part submissions have been made on behalf of Defendant No.1 by Mr. Yadav, ld. Senior Counsel and by Mr. Sharma, ld. Counsel on behalf of Defendant No.5. The submissions are inconclusive.

12. One possible course of action for these four applications is to allow the amendment to the counterclaim while leaving open the objections of the Plaintiff and Defendant No.1 to be taken in the amended written statement to the amended counterclaim. In addition, ld. Senior Counsel Mr. Yadav submits that he ought to be permitted to seek rejection of the amended counterclaim, which has not yet been filed, by moving a fresh application under Order VII Rule 11 CPC. On this issue, let