SHRI MANJEET SINGH JASSAL AND ANR. vs SHRI ATMA SINGH AND ORS

Judgment text excerpt

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 18.09.2025 + FAO(OS) 124/2022 & CM APPL. 47546/2022 (Dir.) SHRI MANJEET SINGH JASSAL AND ANR. .....Appellants Through: Mr. Ashish Dixit, Adv. Mr. Anmol Jassai, Adv. for A- 2. versus SHRI ATMA SINGH AND ORS .....Respondents Through: Mr. Bimlesh Kumar Singh, Ms. Shattika Haldar & Mr. Narendra Kumar, Advs. for R-1 & 2. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) ANIL KSHETARPAL, J. 1. The present appeal has been preferred against the judgement dated 24.08.2022 passed by the Ld. Single Judge of this Court in CS(OS) 118 of 2018, whereby the Ld. Single Judge has dismissed the Application filed by the Appellants herein under Order VII Rule 11 r/w Section 151 of the Code of Civil Procedure, 19081, seeking rejection of the Plaint. 2. The parties herein shall be referred to in the same rank as they are arrayed in the original suit. 1 CPC Signature Not Verified Digitally Signed By:HARVINDER KAUR FAO(OS) 124/2022 Page 1 of 5 BHATIA Signing Date:23.09.2025 15:20:21 3. The suit has been filed seeking partition, rendition of accounts, permanent injunction and declaration. Parties are Class I legal heirs of late Sh. Gurdial Singh, who passed away on 04.01.1998. 4. Defendant Nos. 5 and 7 assail the correctness of order passed by learned Single Judge while dismissing their application filed under Order VII Rule 11 read with Section 151 of the CPC. 5. It is a settled proposition of law that rejection of a plaint at the threshold is permissible only on the limited grounds expressly enumerated under the CPC. 6. Plaintiffs filed suit with the following prayers: “a) pass a decree of declaration, declaring the alleged registered WILL dated 25.09.1978, allegedly exe