Jagdish Rai Vs Kanta Kumari — Delhi HC (2025) — LawSathi Research

Jagdish Rai Vs Kanta Kumari — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suit finally disposed of with the consent of the plaintiff and the legal heirs of the defendant, in terms of the preliminary decree dated 30.07.2019, which operates as the final decree; decree to be drawn up by the registry subject to filing of the amended memo of parties within one week; pending applications disposed of.

Issue for consideration

Whether the preliminary decree dated 30.07.2019 should be converted into a final decree and the suit disposed of, with the legal heirs of the deceased defendant substituted on record. +1 more

Court's answer

With the consent of the plaintiff and the legal heirs of the defendant, the suit was finally disposed of in terms of the preliminary decree dated 30.07.2019, which will also operate as the final decree between the parties.

Ratio / Principle

Subject to the defendant filing the amended memo of parties, the registry was directed to draw up a decree in terms thereof.

Key takeaways

All pending applications in the suit stood disposed of.ratio¶24
Mr. Vikas Nagpal was to file his vakalatnama and the amended memo of parties was to be filed within one week; if the amended memo of parties was not so filed, the registry was directed to list the matter before the Court.ratio¶26

Detailed headnote1 paragraphs

High Court of Delhi (Hon'ble Ms. Justice Manmeet Pritam Singh Arora), order dated 15.05.2025 in CS(OS) 508/2018, Jagdish Rai v. Kanta Kumari. The defendant having died, her legal heirs — daughters Ms. Sudha Gupta and Ms. Anju Agarwal and son Mr. Vikas Mittal, together with Mr. Vishesh Aggarwal, son of the pre-deceased son Sh. Deepak Mittal (whose widow had remarried and who had no contact with the surviving siblings) — were to be brought on record through an amended memo of parties to be filed within one week, failing which the registry was directed to list the matter before the Court. Mr. Vikas Nagpal, Advocate, representing the legal heirs of the deceased defendant, was to file his vakalatnama within one week. With the consent of the plaintiff and the legal heirs of the defendant, the suit was finally disposed of in terms of the preliminary decree dated 30.07.2019, which was to also operate as the final decree between the parties; subject to filing of the amended memo of parties, the registry was directed to draw up a decree in terms thereof. Pending applications stood disposed of. The plaintiff's separately filed I.A. 7017/2023 under Order XXIII Rule 1 Code of Civil Procedure, 1908 (CPC) had earlier been declined by the Court vide order dated 15.09.2023. Counsel: Ms. Chandrani Prasad and Mr. Anuj Jain for the plaintiff; Mr. Vikas Nagpal for the legal heirs of the deceased defendant.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- CS(OS) 508/2018, I.A. 13979-13980/2018, I.A. 3459/2019, I.A. 4702/2019 & I.A. 7017/2023

JAGDISH RAI .....Plaintiff Through: Ms. Chandrani Prasad and Mr. Anuj Jain, Advs.

versus

KANTA KUMARI .....Defendant

Through: Mr. Vikas Nagpal, Adv.

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 15.05.2025

Learned counsel for the plaintiff seeks further time to bring on record the legal heirs of the deceased defendant.

Mr. Vikas Nagpal, Advocate submits that he represents the legal heirs of the deceased defendant. He states that the deceased defendant was survived by her two (2) daughters Ms. Sudha Gupta, Ms. Anju Agarwal and her son Mr. Vikas Mittal.

He states that the defendant also had another pre-deceased son Sh. Deepak Mittal. He states that Sh. Deepak Mittal was married and had a child whose name is Mr. Vishesh Aggarwal. He states that, however, Ms. Sudha Gupta, Ms. Anju Agarwal and Mr. Vikas Mittal have no contact with the said child as the widow of late Sh. Deepak Mittal had re-married.

He states that an amended memo of parties duly reflecting the details of Ms. Sudha Gupta, Ms. Anju Agarwal, Mr. Vikas Mittal and Mr. Vishesh Aggarwal will be filed. He prays that the preliminary decree dated 30.07.2019 be converted into a final decree and the suit be disposed of.

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 21/05/2025 at 13:43:03

CS(OS) 508/2018 Page 1 of 2

He states that the plaintiff has separately filed I.A. 7017/2023 under Order XXIII Rule 1 Code of Civil Procedure, 1908 (CPC) which stands declined by this Court vide order dated 15.09.2023.

Accordingly, with the consent of the plaintiff and the legal heirs of the defendant, this suit is finally disposed of in terms of the preliminary decree dated 30.07.2019, which will also operate as a final decree between the parties.

Mr. Vikas Nagpal, Advocate will file his vakalatnama within one (1) week. An amended memo of parties be filed within one (1) week.

Subject to the defendant filing the amended memo of parties, the registry is directed to draw up a decree in terms thereof.

Pending applications stand disposed of.

The present suit stands disposed of.

In case, the amended memo of parties is not filed within one (1) week, the registry is directed to list this matter before the Court.

MANMEET PRITAM SINGH ARORA, J

MAY 15, 2025/ msh

Click here to check corrigendum, if any

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 21/05/2025 at 13:43:03

This is a digitally signed order.

CS(OS) 508/2018 Page 2 of 2