SANTOSH DOCHNIA @ GUDDI vs LATE SMT GINDO DEVI NOW DECEASED & ORS.

Judgment text excerpt

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 02.07.2025 + C.R.P. 183/2025 SANTOSH DOCHNIA @ GUDDI .....Petitioner Through: Mr. Kumar Bhanu and Ms. Monica Dochania, Advocates. versus LATE SMT GINDO DEVI NOW DECEASED & ORS. .....Respondents Through: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) CM APPL. 37628/2025 [Exemption from filing translated copies] 1. Allowed, subject to just exceptions. 2. The Application stands disposed of. C.R.P. 183/2025 & CM APPL. 37627/2025 [Stay] 3. The present Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] seeking to challenge an order dated 08.04.2025 passed by the learned District Judge-01 (North), Rohini District Court, New Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order an Application under Order XII Rule 6, CPC filed by the Petitioner has been dismissed. 4. The learned Trial Court has held that the admission that is sought to be relied upon by the Petitioner is not of a nature so as to envisage an order Signature Not Verified Digitally Signed By:JAI NARAYAN Signing Date:04.07.2025 C.R.P. 183/2025 Page 1 of 2 10:59:24 under Order XII Rule 6, CPC and has dismissed the Application. Costs in the sum of Rs.10,000/- have also been imposed on the Petitioner. 5. After some arguments, learned Counsel for the Petitioner submits that he restricts his challenge in the present Petition to waiver of costs. Learned Counsel for the Petitioner submits that the Petitioner is a pensioner and does not have any other source of income. 5.1 Learned Counsel for the Petitioner further submits that the Petitioner has in any event been deprived of her share by her own siblings and thus, is not in a good financial cond