N C JAIN & ORS vs PARVATI JAIN & ORS

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 13th May, 2025 + CM(M) 263/2020 & CM APPL. 7864/2020 N C JAIN & ORS .....Petitioners Through: Mr. Smita Maan, Vishal Maan, Kartik Dabas, Advocates. versus PARVATI JAIN & ORS .....Respondents Through: Mr. Ashok Kumar Bahl with Mr. Rajiv Kumar Thakur, Advocates for respondent No.1. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners herein are defendants in a civil suit which was instituted in the year 2012 as Civil Suit (OS) 1477/2012. Such suit was filed before this Court on its Original Side but with the change in pecuniary jurisdiction, it got transferred to District Courts. 2. Such suit seeks possession, injunction and recovery of arrears and damages. 3. The plaintiffs in the abovesaid suit are Ms. Parvati Jain and three others. 4. Admittedly, plaintiff No.1, Ms. Parvati Jain filed another suit in the year 2014 and in such suit, she is seeking declaration and permanent injunction. 5. In such second suit, the defendants are the same and they seem to have taken an objection that such second suit is barred under Order II Rule 2 CPC. Signature Not Verified Digitally Signed CM(M) 263/2020 1 By:SONIA THAPLIYAL Signing Date:15.05.2025 11:32:48 6. Both the suits are pending adjudication before the same Court and are at the stage of plaintiffs’ evidence. 7. However, in relation to the first suit, the plaintiffs moved an application under Order VI Rule 17 CPC praying therein that the plaintiffs may be permitted to incorporate relief of declaration in first suit itself. They also seem to contend that once the abovesaid amendment is allowed and the prayer is incorporated, the plaintiffs would withdraw their second suit which is with respect to declaration and injunction. 8. Learned Trial Co