* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 11^th July, 2024 + C.R.P. 204/2024 & CM APPL. 38394/2024 & CM APPL.

38395/2024 & CM APPL. 38396/2024 SUMAN SACHDEVA & ORS. .....Petitioners Through: Mr. Sunil Kumar Chaturvedi, Advocate versus JAGJIT KAUR & ANR. .....Respondents Through: Mr. Sanyam Khetarpal, Mr. Nitai Agarwal and Ms. Lisa Sankrit, Advocates CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

ORDER

CHANDRA DHARI SINGH, J (Oral)

1. The instant revision petition under Section 115 read with Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the petitioners/revisionists seeking the following reliefs:

“It is, therefore, most humbly and respectfully prayed before this Hon’ble Court may be pleased to allow this revision and set aside the impugned order dated 15.12.2023.And Direct the Ld. Trial Court to reframe the issues after properly completion of pleadings and giving equal opportunity to all the parties of suit. And/ or Pass such other or further order(s) as this Hon’ble Court deems fit in the facts and circumstances of the present case.”

2. The instant revision petition under Section 115 of Civil Procedure Code, 1908 (hereinafter “CPC”) has been filed by the petitioners seeking Signature Not Verified Digitally Signed C.R.P. 204/2024 Page 1 of 15 quashing of the order dated 15^th December, 2023 passed by the learned Senior Civil Judge-cum-Rent Controller, South East, Saket Court in the Civil Suit bearing CS NO. 1953/19.

3. The respondents are in the possession of the property bearing no. H- 81, Lajpat Nagar- I, New Delhi (hereinafter “suit property”) after demise of their elder brother, Mr. Rakesh Kumar in the year 2015, who as per their knowledge was bachelor throughout his life.

4. The respondent No. 1 filed a civil suit CS SCJ/1953/2019 before the learned Trial Court alleging that she is the legally wedded wife of the Late Mr. Rakesh Kumar Berry and sought a declaration that she is the only Class-

I Legal heir of Late Sh. Rakesh Kumar Berry.

5. Pursuant to the institution of the suit, the respondent no.1 filed an application for placing on record the additional documents and the said application was allowed, however, no additional documents were placed on record by respondent No.1.Thereafter, the learned Trial Court framed the issues on 15^th May, 2023.

6. Aggrieved by the aforesaid order dated 15^th May, 2023, the petitioners approached this Court by filing a Civil Revision Petition bearing no. C.R.P no. 252/2023, which was eventually withdrawn with a liberty to approach the learned Trial Court by way of filing an appropriate application.

7. The petitioner eventually filed an application under Order XIV Rule 5 r/w Section 151 of CPC before the learned Trial Court seeking framing of additional issues and the same was dismissed vide order dated 15^th December 2023.

Signature Not Verified Digitally Signed C.R.P. 204/2024 Page 2 of 15

8. Aggrieved by the order dated 15^th December, 2023, the petitioners filed the present revision petition.

9. Learned counsel appearing on behalf of the petitioners submitted that the learned Trial Court failed to take into consideration the contentions advanced on behalf of the petitioners.

10. It is submitted that the learned Trial Court failed to frame the main controversial issue in the present matter, i.e., whether respondent No. 1 is legally wedded wife of Late Sh. Rakesh Kumar Berry as the same is a key issue of dispute between the parties.

11. It is submitted that the learned Trial Court failed to take into account the issue pertaining to whether the Surviving Member Certificate was correctly issued after following due process, since the authenticity of the Surviving Member Certificate placed on record by respondent No. 1 was disputed by the petitioners.

12. It is submitted that the learned Trial Court failed to take into consideration the issue of whether the respondent no.1 is in possession of original property documents as respondent no. 1 has alleged that she in posse