* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 20^th February, 2025.

Pronounced on: 4^th April, 2025.

+ CS(OS) 540/2018, I.A. 1721/2019 & I.A. 4728/2022 SMT. HARINDER KAUR (DECEASED) THROUGH LR .....Plaintiff Through: Mr. Pawan Jit Singh Bindra Sr. Adv.

along with Mr. Lakshay Dhamija, Mr. S.S. Chadha, Advs, and Adv.

Bijoylashmi Das.

versus SHRI JATINDER PAL SINGH & ORS. .....Defendants Through: Mr. Amit Singh Chauhan, Mr. Zafar Khurshid, Ms. Shaima Masood, Mr.

Udit Chauhan, Advs. for D-2.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

JUDGMENT

ANISH DAYAL, J.

I.A. 1720/2019 (Application under Order VII Rule 11 of CPC)

1. The present application has been filed by defendant no.2 (erstwhile defendant no.3)/applicant under Order VII Rule 11 of Code of Civil Procedure, 1908 (‘CPC’), seeking rejection of the plaint on the ground that it is devoid of any cause of action.

Signature Not Verified I.A. 1720/2019 in CS(OS) 540/2018 Page 1 of 30 Digitally Signed

2. Plaintiff, defendant nos.1 & 2 are all sons of Late Shri Kulwant Singh and Late Smt. Harinder Kaur, both of whom have since passed away. Shri Kulwant Singh passed away on 8^th October 2018, followed by Smt. Harinder Kaur’s demise on 26^th January 2022. The suit properties in question are as under:

(i) Property bearing No. A-69, measuring 240 Sq. Yds., situated at Vishal Enclave, New Delhi - 110 027.

(ii) Plot bearing No.59, situated at New Rohtak Road, Anand Parbat Industrial Area, New Delhi - 110 005 admeasuring 200 Sq. Yds.

(iii) Land measuring 19 Kanals, 0 Marlas, bearing Hadbast No.278, situated at Village Tangori, Tehsil Mohali, District Ropar (Punjab).

While two properties are in New Delhi, one property is an agricultural property in District Ropar, Punjab.

3. The suit was originally filed by Late Smt. Harinder Kaur, asserting her entitlement to a 1/4th share in the estate of Late Shri Kulwant Singh. Defendant no.2, however, contends that Late Shri Kulwant Singh had executed a registered Will dated 31^st March 2015, under which he bequeathed his properties in a specific manner. Additionally, defendant no.1/ Shri Jatinder Pal Singh (erstwhile defendant no. 2) had filed an affidavit on record dated 31^st October 2018, giving his no-objection in favour of Late Smt. Harinder Kaur, regarding 1/4^th undivided and unspecified share in the immovable and movable properties/ assets.

Signature Not Verified I.A. 1720/2019 in CS(OS) 540/2018 Page 2 of 30 Digitally Signed

4. Following the demise of Smt. Harinder Kaur, her share in the movable and immovable properties devolved upon defendant no. 1 / Shri Maninder Pal Singh by virtue of a registered Will dated 09^th March 2020.

5. Subsequently, original defendant no.1, Shri Maninder Pal Singh, filed an application under Order XXII Rule 17 of CPC (I.A. 4729/2022) for transposition as plaintiff. Defendant no.2 objected, stating that the stand taken by defendant no.1/ Shri Maninder Pal Singh was contrary to that of Late Smt. Harinder Kaur. The said application was disposed of vide order dated 28^th October 2022. An amended memo of parties was thereafter filed on 17^th December 2022, reflecting the staus of Late Smt. Harinder Kaur’s as deceased through her legal representative, Shri Maninder Pal Singh.

6. Plaintiff seeks partition of the suit properties, claiming they should be divided among the legal heirs. Defendant no.2, however, relies on the registered Will dated 31^st March 2015 to dispute the claim, asserting that the properties stand bequeathed as per its terms.

Submissions by the applicant/defendant no.2

7. Plaintiff is guilty of concealing material facts, as they were aware of the registered Will but did not disclose it in the plaint. This assertion is based on affidavits of Shri Harbhajan Singh Sahni and Shri Swaran Singh, who are close associates/relatives of the testator.

8. It is stated that after the demise of Late Kulwant Singh on 8^th October 2018, the said Will was read out to all the family members, including plaintiff and defendant nos.1 & 2, and each clause