DR D K MODI vs V K MODI & ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 15.12.2025 Judgment pronounced on: 24.12.2025 Judgment uploaded on: 24.12.2025 + RFA(OS) 127/2013 DR D K MODI .....Appellant Through: Mr. Harish Malhotra and Mr. Saurabh Kripal, Sr. Advs. along with Mr. Rakesh Kumar, Ms. Jayashree Shukla Dasgupta, Mr. Nilesh Kumar, Ms. Rishika and Mr. Shivam Nayyar, Advs. versus V K MODI & ORS .....Respondents Through: Mr. Sushil Dutt Salwan, Sr. Adv. along with Mr. Atishi Dipankar, Adv. for R-1. Mr. T. K. Ganju, Sr. Adv. along with Mr. Lakshay Dhamija, Mr. Atishi Dipanker and Ms. Vasudha Saini, Advs. for R-2. Mr. Ravi K. Aggarwal and Mr. Ishaan Aggarwal, Advs. for R-3 to 6. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through the present Appeal, the Appellant assails the correctness of the judgment dated 11.09.2013 [hereinafter referred to as ‘Impugned Judgment’] passed by the learned Single Judge, whereby the plaint in CS (OS) No. 974/2007 filed by the Appellant [Plaintiff before the learned Single Judge] was rejected under Order Signature Not Verified Signed By:JAI NARAYAN Signing Date:24.12.2025 RFA(OS) 127/2013 1 of 10 12:22:41 VII Rule 11 of the Code of Civil Procedure, 1908 (CPC). The learned Single Judge concluded that the suit was premature and failed to disclose a valid cause of action. 2. For the sake of convenience, the parties herein shall be referred to as they were arrayed before the learned Single Judge 3. The plaint filed by the Plaintiff has been rejected by the learned Single Judge on the following grounds: i. Amendment application to amend the plaint was filed after a period of 04 years from the date of filing of the suit; ii. No rights have fructified in favour of the Pla