MEHAR KAUR TALWAR vs GURJIT SINGH TALWAR

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 20th August, 2025 + CM(M) 686/2025 & CM APPL. 22222/2025 MEHAR KAUR TALWAR .....Petitioner Through: Mr. Parmesh Bali, Mr. Shivam Srivastva, Mr. Subodh Kumar, Mr. Rajdev Kumar and Mr. Gagan Garg, Advocates. versus GURJIT SINGH TALWAR .....Respondent Through: Mr. Ved Prakash Verma, Mr. Praveen Aggarwal, Mr. Ayush Goel and Ms. Tanvi Garg, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The point raised in the present petition is very short. 2. The petitioner is daughter of Mr. Gurjit Singh Talwar (respondent herein) who has filed a suit for declaration and permanent injunction. 3. In such suit, she has been arrayed as defendant No.1. 4. She was duly served with the summons, and was represented by a counsel before the learned Trial Court. Her instructions to her counsel was, however, suggesting that she was not keen in contesting the matter. Her counsel, while stating so, also informed that she wanted to submit affidavit and that the Will, which according to the plaintiff/respondent was forged, was, Signature Not Verified Digitally Signed CM(M) 686/2025 1 By:SONIA THAPLIYAL Signing Date:21.08.2025 16:30:14 actually, genuine one. 5. Fact, however, remains that since her counsel had made a specific statement that defendant No.1 was not interested in contesting the matter, her defence has been struck off. 6. Such order is under challenge. 7. Learned counsel for defendant No.1 submits that, there was some communication gap and though, the instructions were appropriately conveyed to the learned Trial Court but, at the same time, defendant No.1 wanted to highlight an important aspect related to the Will and according to her stand, the Will in question is a genuine Will and, somehow becaus