MAYA DEVI AND ORS vs VEERMATI

Judgment text excerpt

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 16th April, 2025 + 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. versus VEERMATI .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners are defending a petition, which seeks probate. 2. While defending the above said probate petition, the petitioners herein also submitted their written statements-cum-objection. 3. Fact remains that when the matter was taken up by the learned Probate Court on 08.12.2017, their defence was struck off. 4. 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. 5. Such application has been dismissed by the learned Trial Court vide order dated 11.02.2025. 6. Such order is under challenge. 7. This Court has gone through the impugned order whereby the learned Trial Court has, in no uncertain terms, observed that the defence of the respondents had been struck off already and they had not even cared to file any application seeking recall of such order. It further observed that since the defence had already been struck off, the petitioners herein had, thus, failed to Signature Not Verified Digitally Signed CM(M) 685/2025 1 By:SONIA THAPLIYAL Signing Date:17.04.2025 15:40:24 justify as to how they were entitled to lead evidence, unless and until such order dated 08.12.2017 was recalled. 8. The copy of application moved under Order XVIII read with Section 151 CPC has also been placed on record and it seems quite obvious that the petitioners herein could not put forward its request in