$~65, 66 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 26^th NOVEMBER, 2024 IN THE MATTER OF:

+ CS(OS) 373/2012 HARINDER GUMAN .....Plaintiff Through: Mr. Shiv Chopra and Mr. Siddharth Arora, Advocates.

versus PARAMJIT SINGH DHILLON .....Defendant Through: Mr. Jay Savla, Senior Advocate, Mr.

Anirudh Jamwal, Mr. Rajpal Singh, Advocates.

+ CS(OS) 675/2019 LT. COL. PARAMJIT SINGH DHILLON & ORS. .....Plaintiff Through: Mr. Jay Savla, Senior Advocate, Mr.

Anirudh Jamwal, Mr. Rajpal Singh, Advocates.

versus HARWINDER SINGH .....Defendant Through: Mr. Shiv Chopra and Mr. Siddharth Arora, Advocates.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT (ORAL)

I.A. 30704/2024 in CS(OS) 373/2012

1. This application under Section 151 CPC has been filed by the Defendant for placing the list of witnesses on record.

2. It is the case of the Plaintiff that the Plaintiff and Defendant are Signature Not Verified CS(OS) 373/2012 etc. Page 1 of 10 Digitally Signed siblings. It is stated that the father of the Parties, Late Col. K. S. Dhillon passed away on 06.01.2012. The mother pre-deceased the father and the Plaintiff and the Defendant are the only Class-I legal heirs of Late Col. K. S. Dhillon. It is stated that the father of the parties passed away intestate and the properties owned by him, at the time of death, had to be divided equally between the Plaintiff and the Defendant. The Plaintiff herein filed the present suit for partition of the properties left by Late Col. K. S. Dhillon. The list of properties are mentioned in Paragraph No.4 of the plaint and the same reads as under:-

"(i) Residential property built on plot bearing No. 149, Cariappa Marg, Sainik Farms, New Delhi-110062, measuring about 3200 sq. yds.

(ii) Residential Flat bearing No. 342/1, Sector 44-A, Chandigarh.

(iii) Plot bearing no. 37-D, Ranjit Avenue, Amritsar.

(iv) Land at village Khankot, Amritsar (measuring about 6 acres)

(v) Land at Village Raipur Kalan, Amritsar (Approximately 17 acres)

3. It is stated that the Defendant had filed another suit being No. CS/18704/2013, before Civil Judge, Senior Division, SBS Nagar, Punjab seeking partition of the abovementioned properties on the basis of the Will dated 22.08.2011 of Late Col. K. S. Dhillon. Vide order dated 24.10.2019, the Apex Court has transferred the said suit to Delhi. Now, both the suits are being tried together.

4. It is stated that on 30.01.2015, issues were framed in CS(OS)

Signature Not Verified CS(OS) 373/2012 etc. Page 2 of 10 Digitally Signed

373/2012 and the matter was referred to Mediation, which failed. After the issues were framed, parties were directed to file their list of witnesses vide order dated 08.10.2015. The Defendant herein filed an application, being I.A. 1252/2016, under Order VII Rule 11 for rejection of the plaint. The said application was dismissed vide order dated 27.01.2016. Against the Order dated 27.01.2016, the Defendant herein filed FAO (OS) 97/2016 which was dismissed vide Order dated 19.07.2018. Order dated 19.07.2018 was taken up to the Apex Court by way of SLP (C) No.2118/2018. There was stay on further proceedings in the suit during the interregnum. Vide Order dated 24.10.2019, the Apex Court dismissed SLP (C) No.2118/2018. Thereafter, vide Order dated 10.12.2021, this Court directed that the evidence in both the suits be recorded together.

5. It is stated that the Plaintiff examined six witnesses and the evidence of the Plaintiff was closed on 10.11.2023. It is stated that the Plaintiff objected to the leading of defendant evidence, on the ground that the evidence of the Defendant had already been concluded in CS/18704/2013 which had earlier been filed in SBS Nagar, Punjab and transferred to this Court. However, vide order dated 06.05.2024, this Court has dismissed the objections of the Plaintiff by observing that the Defendant was entitled to lead his evidence in the present suit also.

6. In the present application, it is stated by the Defendant that inadvertently, the list of witn