YOGESH JAIN vs D.S.S. HOTELS PVT LTD & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 06.10.2025 Judgment pronounced on: 28.10.2025 + FAO(OS) 4/2025 & CM APPL. 2845/2025 YOGESH JAIN .....Appellant Through: Mr. Roopansh Purohit and Ms. Narayani Sepaha, Advocates. versus D.S.S. HOTELS PVT LTD & ORS. .....Respondents Through: Mr. Pankaj Vivek, Mr. Naveen Malik and Mr. Tarun Rathi, Advocates for R-1. Mr. Rohit Yadav, Advocate for R-5. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through the present Appeal, the Appellant assails the correctness of an order dated 22.10.2025 [hereinafter referred to as ‘Impugned Order’] passed by the learned Single Judge in I.A. No. 23/2023 in CS(OS) No. 392/2022, whereby an application under Order I Rule 10 of the Code of Civil Procedure, 1908 [hereinafter referred to as ‘CPC’] filed by the Appellant seeking impleadment in the partition suit titled as D.S.S. Hotels Pvt. Ltd. vs. Madhu Jain & Ors,. has been dismissed by the learned Single Judge. Signature Not Verified FAO(OS) 4/2025 Page 1 of 9 Signed By:SAVITA PASRICHA Signing Date:28.10.2025 14:40:37 2. The narrow question for determination in the present Appeal is whether the Appellant is a necessary party to the partition suit such that he ought to have been impleaded and whether the learned Single Judge was right in (a) dismissing the impleadment application; and (b) directing cancellation of the Relinquishment Deed dated 31.01.2006 on the facts and law of the case. FACTUAL MATRIX: 3. In order to comprehend the issues involved in the present case, the relevant facts in brief are required to be noted. 4. A perusal of the record reflects that late Sh. Gian Chand Jain [hereinafter referred to as ‘Sh. Gian’] had purchased certain sh