ANIL KUMAR vs SWATI & ORS.

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 12th August, 2025 + CM(M) 465/2023 & CM APPL. 13853-13854/2023 ANIL KUMAR .....Petitioner Through: Mr. Ankur Aggarwal, Mr. Lokesh Yadav, Mr. Ananay Lamba and Mr. Armaan Khan, Mr. Marshal Girdhar, Mr. Harshit Bansal and Mr. Aashutosh Deol, Advocates. versus SWATI & ORS. .....Respondent Through: Ms. Avni Singh, Panel Counsel for GNCTD with Mr. Abhishek Yadav, Advocate. Mr. Sparsh Chaudhary, Advocate for R-2. Mr. Akhil M., Advocate for R-4. Mr. Mohit Auluck, Advocate for R-5. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. A petition for grant of succession certificate in respect of debts and securities of Mr. Jai Singh (since deceased) was filed under Section 372 of Indian Succession Act. 2. The petition was filed by Ms. Meera Devi, his widow and during the pendency of the abovesaid Succession Petition, her two minor daughters were also impleaded as petitioner Nos. 2 and 3. 3. Unfortunately, during the pendency of the abovesaid petition, Ms. Signature Not Verified Digitally Signed CM(M) 465/2023 1 By:DINESH CHANDRA Signing Date:13.08.2025 16:19:05 Meera Devi died on 04.02.2023, leaving behind her abovesaid two minor daughters as sole surviving Class-I legal heirs. 4. An application was moved from the side of the petitioner Nos. 2 & 3 under Order XXII Rule 2 and 3 CPC read with Section 151 CPC and the learned Trial Court while holding that there was no reason to disbelieve that right to sue did not survive in the favour of stated legal representatives, allowed the application. 5. Fact, however, remains that the opposite parties were not heard on the abovesaid application. 6. Therefore, such order has been challenged by the petitioner-Mr. Anil Kumar who is respondent No.2 before the learned Tr