GEETA DEVI vs KULDEEP SINGH & ORS

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 25th February 2025 + CM(M) 1056/2019 & CM APPL. 31626/2019 STAY GEETA DEVI .....Petitioner Through: Mr. Amit Sharma, Adv Versus KULDEEP SINGH & ORS .....Respondents Through: Mr. J. P. Singh & Mr. Chandrakant Kumar, Advs for R-1 CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA J U D G M E N T ( ORAL) RAVINDER DUDEJA, J. 1. Petitioner challenges the order dated 02.07.2019, passed by the learned District Judge, Dwarka Court Complex, in case bearing No. CS DJ/113/2018, titled “Kuldeep Singh Vs. Jagat Singh & Ors.”, whereby, the learned court dismissed three separate applications filed under Order 1 Rule 10 CPC, Order 9 Rule 13 CPC and Section 340 Cr. PC. 2. Shorn of unnecessary details, the relevant facts are that petitioner is the daughter and one of the legal heirs of late Sh. Bishan CM (M) 1056/2019 Page 1 of 6 Signature Not Verified Digitally Signed By:SUNITA KUMARI Signing Date:10.03.2025 16:16:17 Singh. Respondent No. 1 filed a suit for partition, possession etc., without impleading the petitioner herein. 3. In May 2019, petitioner came to know about the pendency of the suit. Thereupon, she filed the aforesaid three applications including application under Order 1 Rule 10 CPC for impleadment. 4. Vide impugned order dated 02.07.2019, trial court dismissed the application under Order 1 Rule 10 CPC. The applications under Order 9 Rule 13 and under Section 340 Cr. PC were also dismissed on account of the reason that the same were not maintainable as the petitioner was not a party to the petition. 5. Learned counsel for the petitioner submits that petitioner has got a legal right in the estate left behind by her late father and therefore is a necessary party to the suit. 6. A perusal of the record shows that late