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may 2025

Delhi High Court · 2025-05-06

SIDDHARTH JAIN vs NITIN JAIN

Citation / case number
CM(M)-854/2025 2025:DHC:3408
Court
Delhi High Court
Petitioner
SIDDHARTH JAIN
Respondent
NITIN JAIN
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Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 06th May, 2025 CM(M) 854/2025 & CM APPL. 27426-27428/2025 SIDDHARTH JAIN .....Petitioner Through: Mr. Manish Gupta, Advocate (Through VC) versus NITIN JAIN .....Respondent Through: None CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM APPL. 27427/2025 (exemption) Exemption allowed, subject to all just exceptions. CM(M) 854/2025 & CM APPL. 27426/2025 & CM APPL. 27428/2025 1. Petitioner is defending a suit for recovery filed by his real brother. 2. During the pendency of the aforesaid suit, the defendant moved an application under Order I Rule 10 CPC praying therein that their father may be impleaded as party in the present suit. 3. Such request was made while claiming as under: - “It is submitted that the plaintiff and the defendant are brothers and the father of the parties Sh. Kamal Prasad Jain is a necessary party to the present suit. It is submitted that the money transactions in the family were done on the instructions of the father and he is well aware of the facts related to the present suit. It is submitted that the amount in issue in the present suit was paid by plaintiff in the loan account of the def