$~17 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 20^th JANUARY, 2026 IN THE MATTER OF:

+ I.A. 21945/2025 & I.A. 3946/2025 IN CS(OS) 265/2023 PRAVEEN KUMAR SINGH .....Plaintiff Through: Mr. Arjun Malik, Advocate.

versus GEETA RANI @ GEETA KHARI & ORS. .....Defendants Through: Mr. Abhishek Soni, Advocate.

CORAM:

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

I.A. 21945/2025

1. This Application has been filed by the Plaintiff seeking early hearing of I.A. No.3946/2025, which has been filed by the Plaintiff under Order VI Rule 17 of the CPC seeking amendment of the Plaint.

2. For the reasons stated in the Application, the same is allowed.

3. I.A. No.3946/2025 is being heard today itself.

4. Application is disposed of.

I.A. 3946/2025

5. This Application has been filed by the Plaintiff under Order VI Rule

17 of the CPC seeking amendment of the Plaint.

6. The present Suit is one for partition, injunction and rendition of accounts of the Bank and fixed deposit account of Late Col. Dalmir Singh.

7. Plaintiff is the younger son of Late Col. Dalmir Singh. Defendants No.1 and 3 are the daughters of Late Col. Dalmir Singh. Defendant No.2 is the elder son of Late Col. Dalmir Singh. Defendants No.4 and 5 are the Banks.

8. Fact, in brief, leading to the present Suit, are as under:

a. It is stated that Late Col. Dalmir Singh took voluntary retirement from service in the year 1986 and thereafter began residing at his permanent residence bearing C-2/366, Janakpuri, New Delhi, along with the Plaintiff. It is stated that at the time of retirement, the savings of Late Col. Dalmir Singh stood largely exhausted on account of the marriages and education of his children. It is stated that the Plaintiff and Late Col. Dalmir Singh jointly commenced business activities, initially by setting up a laundry and dry-cleaning business under the name and style of Bright and Bright Dry Cleaners in 1988, for which a loan of Rs. 3.5 lakhs was availed under the Undergraduate Scheme. It is stated that in 1995, the Plaintiff and Late Col. Dalmir Singh jointly expanded their business ventures by commencing manufacture of railway track fitting locks under the name and style of Vimal Enterprises from West Patel Nagar, Delhi. It is stated that the said enterprise was later shifted to Rajasthan due to changes in pollution norms.

b. It is further stated that during this period, the Plaintiff was also associated with a security solutions venture under the name and style of Magal Security System, which contributed to the overall business income of the Plaintiff and Late Col. Dalmir Singh.

c. It is stated that in 2001, the Plaintiff travelled abroad for business expansion and training, which resulted in substantial growth of the joint business. It is stated that out of the income generated from these joint ventures, several immovable properties were acquired in the name of Late Col. Dalmir Singh, including an industrial property at B-58, Mayapuri Industrial Area, and residential properties at C-2/359 and C- 2/366, Janakpuri. According to the Plaintiff, the said properties, though standing in the name of Late Col. Dalmir Singh, were purchased from joint business income and held by Late Col. Dalmir Singh in a fiduciary capacity for himself and the Plaintiff, to the exclusion of Defendants No. 1 to 3. It is stated that the industrial property at B-58, Mayapuri was later let out, and rental income was credited into accounts maintained with HDFC Bank, Mayapuri Branch. It is stated that from the said rental income, an adjacent parcel of land was purchased in 2008, which was subsequently sold in 2019, yielding sale proceeds of approximately Rs. 2.4 crores, out of which another residential property at A-53, Sitapuri, New Delhi was purchased.

d. It is stated that the wife of Late Col. Dalmir Singh predeceased him on 30.09.2018 and Late Col. Dalmir Singh passed away intestate on 03.05.2021, leaving behind the Plaintiff and Defendants No. 1 to 3 as his sole Class-I legal heirs.

e. It is