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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on : 26^th July, 2022.

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Pronounced on : 24^th August,2022.

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CS(OS) 118/2018 with I.A. 4039/2018, 9620/2018, 9988/2020

8887/2021 & 13576/2021

SHRI ATMA SINGH & ANR

..... Plaintiffs

Through:

Mr. B.K. Singh with

Mr. Hardik Ahluwalia and

Ms. Urvi Kashiwal, Advocates

(M): 8130175548

Email:bksingh.adv@gmail.com

versus

SHRI PREM SINGH & ORS

..... Defendants

Through:

Mr. Ashish Dixit, Advocate for

D-5 & 7

(M): 9999900412

Email: ashish@ashishdixit.in

Mr. Mayank Kumar with

Mr. Shambhu Chaturvedi,

Advocate for D-6 & 9

(M): 9810391946

Email:advmayanka@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

J U D G M E N T

MINI PUSHKARNA, J.

I.A. 15053/2021 (An application on behalf of defendant no. 5 Sh.

Manjeet Singh & defendant no. 7 Sh. Ajit Singh under Order VII

Rule 11 read with Section 151 CPC seeking rejection of plaint)

1. This is an application on behalf of defendant Nos. 5 and 7 under

Order 7 Rule 11 read with Section 151 CPC seeking rejection of the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003210

plaint.

2. The present is a suit for a partition, rendition of accounts,

permanent injunction and declaration. Parties are Class I legal heirs of

late Sh. Gurdial Singh, who passed away on 04.01.1998. Plaintiff

No.1 is a resident of Norway. Therefore, he has authorized his

nephew, plaintiff No. 2 to file the present suit by way of Special

Power of Attorney dated 23.02.2018.

3. It is to be noted that late Gurdial Singh had three sons from his

first wife, late Harkrishan Kaur, who passed away in 1946, viz.

(i) Sh. Atma Singh – plaintiff No. 1

(ii) Sh. Prem Singh – defendant No. 1.

(iii) Late Sher Singh

4. The said late Gurdial Singh had four sons and two daughters

from his second wife, late Satwant Kaur, who passed away in 1994,

viz.

(i) Sh. Manjeet Singh – defendant No. 5

(ii) Sh. Baldev Singh – defendant No. 6

(iii) Sh. Ajeet Singh – defendant No. 7

(iv) Mrs. Surinder Kaur – defendant No. 8

(v) Sh. Charajeet @ Ranjeet Singh – defendant No. 9

(vi) Late Ms. Manjeet Kaur

5. The present suit has been filed in respect of properties as

detailed in Para 4 of the plaint as follows:

“(i) House No. 51, Main Bazar, Paharganj, Delhi

Delhi.”

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003210

6. According to the defendants, perusal of contents of the plaint

along with the documents appended thereto, show that the plaint does

not disclose any cause of action to institute the present suit in favour

of the plaintiffs. The averments made in the plaint are concocted,

imaginary and completely based on the whims and fancies of the

plaintiffs.

7. According to learned counsel for the defendants, perusal of the

plaint reveals that the pleas that have been raised in the plaint

completely lack any substance. It is contended that the plaintiffs have

falsely and wrongfully claimed that late Sh. Gurdial Singh died

intestate or that he left behind legal heirs as detailed in Para 3 of the

plaint. It is further contended that the plaintiffs have falsely and

wrongly claimed that the business of Imperial Tailoring House was a

proprietorship firm of late Sh. Gurdial Singh. It is submitted that the

plaintiffs have wrongly sought to suggest that from the earning of

alleged proprietorship firm i.e. Imperial Tailoring House, late Sh.

Gurdial Singh purchased various properties, as detailed hereinabove.

Thus, the plaintiffs are seeking partition of the properties allegedly left

behind by late Sh. Gurdial Singh, without any basis or right

whatsoever. There is no basis or right in the plaintiffs to seek a

declaration that the registered Will dated 25.09.1978 executed by late

Sh. Gurdial Singh, is null and void.

8. The defendants have referred to order dated 23.03.2018 passed

by this Court in the present proceedings in order to contend that