CS(OS) 486/2019 Page 1 of 12

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 09^th January, 2024

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CS(OS) 486/2019, CRL.M.A. 1/2022, I.A. 13002/2019, I.A.

12314/2020, I.A. 2359/2021, I.A. 54/2022, I.A. 19222/2022, O.A.

53/2022

SMT. HEM MADAN

..... Plaintiff

Through:

Mr. Shreshth Jain, Advocate.

Versus

MR. PAWAN CHOWDHRI & ANR.

..... Defendants

Through:

Mr. Varun Jain and Mr. Nikhil

Fernandes, Advocates.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T (oral)

I.A. 19037/2022 (seeking rejection of plaint on account of payment of

deficit Court free):

1.

An application under Order VII Rule 11 of the Code of Civil

Procedure, 1906 (hereinafter referred to as "CPC") read with Section 151

CPC has been filed by defendant No. 2 for the rejection of plaint on account

of payment of deficit court fee.

2.

A suit for Declaration, Partition and Rendition of Accounts has been

filed by the plaintiff, claiming to be a co-owner in the estate of her father

late Shri Tek Chand Anand, who expired on 23.10.2016. Defendant Nos. 1

and 2 are the sister and brother of the plaintiff respectively.

DigitallySigned By:SAHIL

SHARMA

Signing Date:18.01.2024

19:05:35

Signature Not Verified

CS(OS) 486/2019 Page 2 of 12

3.

It is asserted in the plaint that the plaintiffs father's estate was under

the name of Tek Chand Anand HUF (hereinafter referred to as "the HUF")

of which her father was the Karta. Late. Shri. Tek Chand Anand was also

running a business under the name and style of M/s Garg Armoury Pvt. Ltd.,

operated from rented shop, bearing no. 1/1526, Kashmere Gate, Delhi -

110006.

4.

The plaintiff states to be aware of the following estates owned by

Late Shri Tek Chand Anand and the HUF:

5.

The plaintiff further asserts that she was apprised of a Will dated

18.06.2003 executed by her father vide which he had bequeathed all his

estate in favour of Defendant no. 2 except for Public Provident Fund with

DigitallySigned By:SAHIL

SHARMA

Signing Date:18.01.2024

19:05:35

Signature Not Verified

CS(OS) 486/2019 Page 3 of 12

State Bank of India, Sansad Marg, New Delhi - 110001 (HUF) which had

been bequeathed in favour of Plaintiff and Defendant no. 1 equally.

6.

Another purported Will of 2014 was thereafter, disclosed by

defendant No. 2 wherein late Shri Tek Chand Anand had bequeathed his

entire estate in the name of defendant No. 2. However, the said Will was

unsigned.

7.

Since the plaintiff disputed both the Wills, the siblings decided to

reconcile the dispute. After much deliberation, the parties arrived at a mutual

Oral Agreement which was reduced to writing by way of Family Settlement

Deed dated 31.12.2018 which was signed by the parties. However, the

defendants failed to act on the said Settlement despite the requests of the

plaintiff through letter dated 29.07.2019 and Legal Notice dated

12.08.2019. The plaintiff also learnt that defendant No. 2 has an ulterior

motive of selling the assets to third party.

8.

The present suit has thus, been filed for Declaration that the plaintiff

is a co-owner in her father's estate and Rendition of Accounts. Further, she

has sought for the Partition of the estate of late Shri Tek Chand Anand as

per the Family Settlement Deed dated 31.12.2018 or in the alternative has

sought for 1/3rd share in the said estate as per Hindu Succession Act, 1956

and Permanent Injunction against the defendants.

9.

Defendant No. 2, in his application, has submitted that the present

suit is barred under Order VII Rule 11 CPC as the plaintiff has