Appeal against order permitting amendment of a partition plaint to plead fraud and coercion regarding a relinquishment deed. The Division Bench held the amendments explanatory, made after the will was disclosed in written statements, and dismissed the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 22.08.2025
SANJAY BANSAL & ORS. .....Appellants
Through: Mr. Kunal Kalra, Advocate.
versus
DEEPA R JAIN .....Respondent Through: Ms. Kanika Agnihotri & Ms. Sonakshi Chaturvedi, Advocates.
CORAM:
HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR
J U D G M E N T (ORAL)
ANIL KSHETARPAL, J.
FAO(OS) 92/2025 Page 1 of 4
BRIEF FACTS:
SUBMISSIONS OF THE PARTIES:
FAO(OS) 92/2025 Page 2 of 4
original plaint - wherein the Plaintiff therein has made averments regarding the relinquishment deed - while on the other hand, the Plaintiff has been permitted to make prayer clause “(i)” permitting her to seek declaration that such relinquishment deed is the result of fraud and coercion.
ANALYSIS AND CONCLUSION:
FAO(OS) 92/2025 Page 3 of 4
ANIL KSHETARPAL, J.
HARISH VAIDYANATHAN SHANKAR, J. AUGUST 22, 2025/nd/va
FAO(OS) 92/2025 Page 4 of 4
1 issue framed by the court
Whether an amendment adding fraud and coercion allegations to a partition plaint, after testamentary disposition was disclosed in written statements, should be allowed at a preliminary stage.
2 provisions across 2 enactments
Sanjay Bansal & Ors.
Deepa R Jain
Anil Kshetarpal
Harish Vaidyanathan Shankar
As recorded by the court registry
An appeal to a Division Bench against an order made by a single judge on the original side of the High Court.
Judgements on the same questions, provisions and authorities, from every court
