Disposed
Maya Devi and Ors. v. Veermati
Delhi HCCM(M)/685/2025
Case brief
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What is this about?
Probate case where defence had been struck off; trial court refused permission to lead evidence. High Court upheld the order but permitted petitioners to apply to set aside the strike-off order.
What the court decided
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$~53
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
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- % Date of Decision: 16th April, 2025
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- CM(M) 685/2025 & CM APPL. 22124-22126/2025 MAYA DEVI AND ORS .....Petitioner Through: Mr. Sudhir Kumar Mehra with Mr. Surendra and Mr. Mohd. Adnan and Ms. Aarti, Advocates.
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- versus
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VEERMATI .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)
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- Petitioners are defending a petition, which seeks probate.
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- While defending the above said probate petition, the petitioners herein also submitted their written statements-cum-objection .
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- Fact remains that when the matter was taken up by the learned Probate Court on 08.12.2017, their defence was struck off.
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- After the evidence of the plaintiff was closed, petitioner herein moved an application under Order XVIII read with Section 151 CPC seeking permission to lead evidence in the matter.
Issues for consideration
1 issue framed by the court
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Whether a party whose defence has been struck off may be permitted to lead evidence without first recalling the strike-off order?
Parties & counsel
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- petitioner
Maya Devi and Ors
- respondent
Veermati
Coram
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Manoj Jain
Case details
As recorded by the court registry
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