MEHIMA NANDA & ANR. vs AMRITPAL NANDA & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 15th January 2025 Pronounced on: 14th February 2025 + I.A. 29536/2024 in CS(OS) 595/2022 MEHIMA NANDA & ANR .....Plaintiffs Through: Mr. Tanmaya Mehta, Mr. Karan Nagrath, Ms. Nupur Kumar, Ms. Rashmi Gogoi, Ms. Niharika Nagrath, Mr. Ambuj Tiwari and Mr. Arjun Nagrath, Advocates versus AMRITPAL NANDA & ORS. .....Defendants Through: Mr. Gagan Gupta, Sr. Advocate with Mr. Rushab Aggarwal, Mr. Padmesh Mishra, Mr. Arkaj Kumar, Ms. Tanya Aggarwal, Mr. Aakarsh Mishra, Mr. Jasbir Singh, Advocates for Defendant Nos. 1 to 5 CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. I.A. 29536/2024 (Under Order VI Rule 17, CPC) 1. This application has been filed under Order VI Rule 17, Code of Civil Procedure, 1908 (‘CPC’) seeking amendment of the plaint filed for partition of the estate of Late Shri Sukhpreet Singh Nanda, husband of plaintiff no.1 (‘deceased’). Signature Not Verified Digitally Signed By:MANISH KUMAR I.A. 29536/2024 in CS(OS) 595/2022 Page 1 of 21 Signing Date:15.02.2025 12:45:05 Factual Background 2. As per plaintiff no.1 (‘P1’), her husband died intestate on 3rd May 2021, owing to COVID-19. Plaintiff no.2 (‘P2’) is the minor daughter of P1 and the deceased, currently aged about 4.5 years (born on 3rd November 2020). P1 and the deceased’s marriage was solemnised on 2nd April 2010, as per Sikh rites. Defendant no.1 (‘D1’) is the deceased’s mother; defendant no.2 (‘D2’) is the deceased’s brother, defendant nos.3 (‘D3’), 4 (‘D4’), and 5 (‘D5’) are D2’s wife, son, and daughter respectively. Defendant nos. 6 to 9 are various financial organizations/entities which may not be relevant for disposing of this application. 3. P1 contended that pursuant to the demise of her husband during the pandemic, D1 to D5 co