RAJENDER KUMAR AHUJA vs JAWAHAR LAL

Judgment text excerpt

$~106 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 20th August, 2025 + CM(M) 1562/2025 & CM APPL. 51347/2025 RAJENDER KUMAR AHUJA .....Petitioner Through: Mr. Shekhar Nanavaty, Advocate versus JAWAHAR LAL .....Respondent Through: None CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is plaintiff before the learned Trial Court and has filed a suit for partition and injunction. 2. Aforesaid suit is directed against the solitary defendant i.e. Mr. Jawahar Lal, who happens to be the real brother of the plaintiff. 3. When the aforesaid suit was taken up by the learned Trial Court on 22.07.2025, it took note of the fact that there were two other co-owners of the property sought to be partitioned. 4. These were Mr. Subhash Chander and Ms. Usha Rani, stated to be siblings of plaintiff. 5. Plaintiff had not impleaded them for the reason that they both had relinquished their respective shares in favour of the plaintiff vide registered relinquishment deed dated 29.03.2007. 6. Fact, however, remains that defendant claimed before the learned Trial Court that such relinquishment deed was forged and fabricated document and the plaintiff had not deliberately made them party in the present suit. It was Signature Not Verified Digitally Signed CM(M) 1562/2025 1 By:SONIA THAPLIYAL Signing Date:21.08.2025 17:11:38 in the aforesaid backdrop that the learned Trial Court seems to have invoked its suo moto power and, while holding that they are necessary parties without whose presence the preliminary decree can not be passed, directed to implead them as defendant no. 2 and defendant no. 3 in the ongoing suit and, accordingly, plaintiff has been directed to file amended memo of parties and to take steps to summon them. 7. As already noticed above, the s