Delhi High Court
Maharaja Jagat Singh vs Lt.Col. Sawai Bhawani Singh on 22 August, 2022
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 13th July, 2022
Decided on: 22nd August, 2022
+ CS(OS) 870/1986
MAHARAJA JAGAT SINGH ..... Plaintiff
Through: Mr. Abhishek Kumar Rao and Mr.
Shailesh Suman, Advocates for
Plaintiff No.1(i) and (ii).
Mr. D.D. Singh, Advocate for LRs of
Plaintiff No.2.
versus
LT.COL. SAWAI BHAWANI SINGH ..... Defendant
Through: Ms. Babita Yadav, Ms. Ramni
Taneja, Mr. Aman Jha, Mr. Rishi
Tutu, Mr. Gaurav P. Shah, Mr.
Raman Yadav and Ms. Shubha
Yadav, Advocates for LRs of
Defendant No.1 and 8.
Mr. Seerat Deep Singh, Advocate for
Defendant No.3.
Mr. Rahul Singh Chouhan, Advocate
for the Receiver.
Dr. M.P. Raju, Advocate for
defendant No.14, 18-28, 34, 35,
55,58, 59, 61, 63-76, 78-94, 96, 100-
106, 108, 120 and 121 in I.A,
4654/2006.
Mr. Rajendra Singhvi, Advocate for
applicant in I.A. No.4803/2022.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
I.A.3477/2021 (U/O XXII Rule 3 read with Section 151 of CPC, 1908 for
impleadment)
Signature Not Verified
Digitally Signed CS(OS) 870/1986 Page 1 of 4
By:SAHIL SHARMA
Signing Date:22.08.2022
11:01:22
1.
An application under Order XXII Rule 3 read with Section 151 of
Code of Civil Procedure, 1908, has been filed seeking impleadment of
legal representative of Plaintiff No.2 Maharaj Prithvi Raj.
2. It is submitted in the application that plaintiff No.2 Maharaj Prithvi
Raj has left for his heavenly abode on 02nd December, 2020 after suffering a
cardiac arrest. He is survived by his son Prince Vijit Singh (who has been
already arrayed as defendant No.5) and the estate of plaintiff No.2 is duly
represented. The present application is formal in nature since the legal
representative of deceased plaintiff No.2 is already on record. It is
submitted that the amended memo of parties be accordingly taken on record.
The application is supported by the Death Certificate of Maharaj Prithvi Raj.
3. A detailed reply to the application has been filed by Rajkumari
Lalitya and Rajkumar Devraj, Legal heirs of deceased plaintiff No.1
Maharaj Jagat Singh wherein similar assertions have been made about
Prince Vijit Singh being the sole surviving heir of Maharaj Prithvi Raj. It is
however, asserted that since Prince Vijit Singh is the contesting defendant
there is conflict of interest between the plaintiffs and him for which reason
he cannot be substituted in place of his father who was plaintiff No.2. It is,
therefore, submitted that the application be dismissed with an observation
that defendant No.5 is the sole surviving heir of his deceased father.
I.A.7957/2021 (U/O I Rule 10 read with Section 151 of CPC, 1908 for
deletion of name of Maharaj Prithvi Raj)
1. Rajkumari Lalitya Kumari and Rajkumar Devraj legal representatives
of original plaintiff Maharaj Jagat Singh and legal representatives of
deceased defendant No.2 Maharani Gayatri Devi have also filed an
Signature Not Verified
By:SAHIL SHARMA
Signing Date:22.08.2022
11:01:22
application under Order I Rule 10 read with Section 15 of Code of Civil
Procedure, 1908 to seek deletion of name of Maharaj Prithvi Raj in as
much as Prince Vijit Singh who claims to be the sole surviving heir of
Maharaj Prithvi Raj, is already a party to the suit as defendant No.5.
2. It is submitted that while the original plaintiff Maharaj Jagat Singh
expired on 05th February, 1997, by order dated 16th September, 2018 the
applicants Rajkumari Lalitya and Rajkumar Devraj being the son and
daughter of original plaintiff Maharaj Jagat Singh were substituted as
plaintiffs in place of their father. Maharaj Prithvi Raj who was defendant
No.4 was transposed as co-plaintiff since he was claiming that he had no
conflict with the plaintiff and he was transposed as plaintiff No.2 vide order
dated 15th December, 1998. Rajmata Gayatri Devi defendant No.2 expired
on 29th September, 2009. Since the applicants Rajkumari Lalitya and
Rajkumar Devraj were already on record as plaintiffs, the name of Rajmata
Gayatri Devi was deleted vide order dated 19 th August, 2010. Maharaj
Prithvi Raj has expired on 02nd December, 2020 and Prince Vijit Singh
defendant No.5 who claims to be his sole surviving heir, is contesting the
suit since it was filed in the year 1986. Since Prince Vijit Singh is already a
party, name of Maharaj Prithvi Raj be deleted.
3. Submissions heard.
4. The basic premise for opposing the substitution of defendant no.5
Prince Vijit Singh the sole surviving heir of plaintiff No.2 Maharaj Prithvi
Raj is that there is conflict of interest between Prince Vijit Singh and
Rajkumari Lalitya and Rajkumar Devraj, who have been substituted as legal
representatives of plaintiff No.1 Maharaj Jagat Singh. Maharaj Prithvi Raj
Signature Not Verified
By:SAHIL SHARMA
Signing Date:22.08.2022
11:01:22
had been supporting the plaintiff no.1 Maharaj Jagat Singh and for this
reason was transposed as plaintiff No.2 vide Order dated 15 th December,
1998. Since, Prince Vijit Singh who is the sole legal heir of Maharaj Prithvi
Raj has conflict of interest with plaintiff no.1 now represented through
Rajkumar Devraj and Rajkumari Lalitya, it is taken on record that defendant
No.5 is the sole legal representative of deceased plaintiff No.2 Maharaj
Prithvi Raj.
5. Since legal representative of Maharaj Prithvi Raj is already on record
as defendant No.5, his name as plaintiff No.2 be deleted from array of
parties.
6. The two applications are accordingly allowed.
7. Amended memo of parties be taken on record.
CS(OS) 870/1986 & I.As.3552/1999, 3415/2001, 6144/2002, 11942/2002,
1063/2004, 4654/2006, 7537/2006, 7538/2006, 7539/2006, 4358/2007,
6700/2007, 7518/2007, 5208/2011, 16258/2012, 2412/2016, 2413/2016,
17646/2018, 1358/2019, 4507/2019, 11814/2019, 14216/2019, 4981/2021,
12993/2021, 4803/2022, 9096/2022
List on 30th November, 2022 for consideration of pending
applications.
(NEENA BANSAL KRISHNA)
JUDGE
AUGUST 22, 2022
'va'
Signature Not Verified
By:SAHIL SHARMA
Signing Date:22.08.2022
11:01:22
