Dismissed

Sh. Bhajinder Singh v. Sh. Jaspal Singh & Ors.

Delhi HC15 Jul 2024CS(OS)/538/2024

Case brief

AI extract

What is this about?

Defendant raised an objection regarding the death of one defendant during the trial, rendering the suit non-maintainable. The court permitted withdrawal with liberty to file a fresh suit against the legal heirs, and dismissed the withdrawn suit accordingly.

What did the court decide?

Liberty granted to file a fresh suit on the same cause of action; present suit dismissed as withdrawn.

Sh. Bhajinder Singh Vs Sh. Jaspal Singh & Ors. — Civil Procedure and Limitation | Delhi HC (2024)

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$~30

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(OS) 538/2024 & I.A. 33217/2024

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SH. BHAJINDER SINGH .....Plaintiff Through: Mr. Mahesh K. Chaudhary & Ms. Sushmita Chaudhary, Advocates

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versus

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SH. JASPAL SINGH & ORS. .....Defendant Through: Mr. Maninder Jeet Singh, Advocate for D-1 with D-1 in person

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CORAM:

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HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R % 15.07.2024

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Learned counsel for defendant no. 1 has entered appearance along with defendant no. 1. He states that Mrs. Pritpal Kaur, who has been arrayed as defendant no. 4, died on 21.08.2022. He has handed over the copy of her death certificate, the same is taken on record He states that, therefore, the present suit instituted in the name of defendant no. 4 is not maintainable. He states that late Mrs. Pritpal Kaur is survived by her three Class I legal heirs i.e., a son and two daughters. He states that the details of the said Class I legal heirs will be communicated via e-mail to the counsel for the plaintiff within three days.

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After some arguments, learned counsel for the plaintiff seeks permission to withdraw the present suit with liberty to file a fresh suit on the same cause of actions as the suit in its present form suffers from formal defects which would make it fail.

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CS(OS) 538/2024 Page 1 of 2

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/07/2024 at 11:23:16

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The present suit is accordingly dismissed as withdrawn, however, liberty is granted to the plaintiff to file a fresh suit on the same cause of action in accordance with law.

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Pending application, as well stand disposed of.

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MANMEET PRITAM SINGH ARORA, J

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JULY 15, 2024/ msh/AKT

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CS(OS) 538/2024 Page 2 of 2

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Sh. Bhajinder Singh v. Sh. Jaspal Singh & Ors.

Case brief

What is this about?

What did the court decide?

Sh. Bhajinder Singh v. Sh. Jaspal Singh & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

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