DR JITENDER FOTEDAR vs RATAN RANI FOTEDAR & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:24th January2025. Pronounced on: 27th February 2025. + CS(OS) 298/2023 I.A. 9301/2023 I.A. 11469/2023 I.A. 11470/2023 DR JITENDER FOTEDAR .....Plaintiff Through: Mr. Balwant Singh Billowria and Mr. Akshay Singh, Advocates. versus RATAN RANI FOTEDAR & ORS. .....Defendants Through: Ms. Sonia A. Menon, Adv. for D-1 to 4. Mr. Gopal Verma with Mr. Piyush Singh, Advocates for D-5. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. I.A. 11470/2023 (Application under Order VII Rule 11 CPC) 1. This application has been filed under Order VII Rule 11 (a)(c) of the Code of Civil Procedure,1908 (“CPC”), seeking rejection of the plaint. Plaintiff filed the suit against defendants seeking cancellation of the gift deed executed by the mother (defendant no.1) in favour of her son (defendant no.2). Signature Not Verified CS(OS) 298/2023 Page 1 of 21 Digitally Signed By:MANISH KUMAR Signing Date:03.03.2025 18:41:52 2. The crux of the case, as per plaintiff, is that defendant no.1 was not competent to execute the subject gift deed as she is suffering from ‘Dementia’ and ‘Alzheimer’s’. 3. Rejection of the plaint is sought on two grounds – (i) That proper ad valorem Court Fees have not been paid, and have been avoided by the plaintiff by claiming joint possession, which, as per plaint, is not borne out; (ii) That there is no cause of action since the allegation that defendant no.1 was medically incapacitated and suffering since 2015 was not substantiated by any medical document. 4. The suit seeks cancellation of registered gift deed dated 03rd February 2023, executed by Smt. Rattan Rani Fotedar (defendant no.1) in favour of her son Sh. Arun Fotedar (defendant no.2), regarding property bearing no. B-67, Block -B , Pocket No.