SHRI SAMAY GARG vs SHRI RAM RATTAN GUPTA & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 20th May, 2025 + CS(OS) 275/2022 & CRL.M.A. 6047/2023, I.A. 17285/2023, I.A. 17296/2023, I.A. 17547/2023, I.A. 8017/2024, I.A. 8659/2024, I.A. 36602/2024 SHRI SAMAY GARG .....Plaintiff Through: Mr. Shiv Charan Garg, Ms. Jahanvi Garg, Advocates versus SHRI RAM RATTAN GUPTA & ORS. .....Defendants Through: Mr. Vivek Garg, Mr. Sandeep Nainwal, Advocates for D-2, 3 and 5 and D-6 in person % CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMEET PRITAM SINGH ARORA, J: I.A. 17285/2023 (application under Order VII Rule 11 CPC on behalf of defendant no. 3) 1. The present application has been filed by the defendant no. 3 (Mr. Manoj Garg) under Order VII Rule 11 of the Code of Civil Procedure, 1908 (‘CPC’) seeking rejection of the plaint. 2. Vide order dated 09.04.2024 prayers (ii) and (iii) of the captioned application were rejected as being misconceived and untenable under Order VII Rule 11 CPC, therefore, the decision in this order is restricted to the surviving prayer (i) of this application. 3. Defendant no. 1 i.e. Shri. Ram Rattan Gupta expired during the pendency of present suit on 04.9.2022. Accordingly, the legal representatives of defendant no. 1 have been brought on record vide order dated 12.08.2024. Signature Not Verified Signed By:MAHIMA CS(OS) 275/2022 Page 1 of 20 SHARMA Signing Date:20.05.2025 18:35:04 Case Setup in the Plaint 4. The plaintiff has filed the present suit seeking following reliefs: i. Declaration that the plaintiff is owner of the land admeasuring 856 sq. yds in property bearing Khasra No. 79/1 min (New) and 293/1 min (Old) Khata No. 1159/427 situated at village Shahpur, Daulatpur, Delhi (‘suit land’) ii. Declaration that the fard and documents prepared by defendants No.1 to