* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 11.12.2025 Judgment pronounced on:16.12.2025 + FAO 247/2025 & CM APPL. 55668/2025 ANUPMA MITRA .....Appellant Through: Ms. Jasmine Damkewala and Mr.

Divyam Khera, Advocates.

versus AMIT MITRA (DECEASED) THROUGH LR PRERNA SEEMAR KALRA .....Respondent Through: Mr. Samman Vardhan with Mr. Shrey Gupta, Ms. Khsuhi, Ms. Priyam Tiwari, Ms. Anshika and Ms. Rukhshaar Saifi, Advocates.

CORAM:

HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA

JUDGMENT

CHANDRASEKHARAN SUDHA, J.

1. The present appeal under Order XLIII of the Civil Procedure Code, 1908 (the CPC) has been filed by the defendant in CS No. 93/2020 on the file of the learned Additional District Judge, South District, Saket Courts, Delhi, aggrieved by the order dated 01.07.2025 by which an application under Order XXII Rule 3 and Rule 10 CPC filed by the respondent herein claiming to be the legal representative of the plaintiff based on a Will was allowed.

2. In this appeal, the parties herein shall be referred to as described in the plaint.

3. Brief facts necessary for the adjudication of the appeal are as follows: The plaintiff instituted CS No. 93/2020 seeking partition, rendition