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2024 Supreme(Online)(DEL) 8903

HIGH COURT OF DELHI
JUSTICE PRATHIBA M. SINGH, J
ABHA JAIN – Appellant
Versus
SHALI JAIN @ VAISHALI JAIN – Respondent


Advocates:
SUNIL DUTT DIXIT

ORDER

% 09.04.2024

1. This hearing has been done through hybrid mode.

2. The Plaintiff-Abha Jain has filed the present suit for partition and rendition of accounts against the Defendant- Shali Jain @ Vaishali Jain.

Along with the plaint, the Plaintiff also filed an application bearing I.P.A 34/2014 under Order XXXIII Rule 1 read with Section 151 CPC seeking permission to sue as an indigent person, stating therein that the Plaintiff is a widow and a destitute lady. The Plaintiff got married to Sh. Vikas Jain on 12th March, 2005 but unfortunately, he passed away on 9th June, 2006.

I.A.10679/2022 (u/O XXXIX Rule 4 CPC)

3. This is an application under Order XXXIX Rule 4 CPC filed by the Defendant whereby the Defendant prays for vacation of the stay granted by The Order is downloaded from the DHC Server on 12/04/2024 at 16:08:46

this Court on 1st June, 2022. The said order reads as follows:

  • “8. The present I.P.A. has been filed seeking partition and other ancillary reliefs.

 

9. The applicant is the widow of late Mr. Vikas Jain, who died intestate and without any children. Therefore, it is the case of the applicant that she has rights over the estate of her deceased husband.

10. It is

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