Delhi High Court
Kamal Narain Kapoor vs Uma Shankar Kapoor & Ors on 21 November, 2023
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 21.11.2023
+ CM(M) 1375/2019
KAMAL NARAIN KAPOOR ..... Petitioner
Through: Mr. Harkirat Sawhney, Mr. Punit
Vinay and Mr. Aditya Kapoor,
Advocates.
versus
UMA SHANKAR KAPOOR & ORS ..... Respondents
Through: Mr. Sumit Chander, Mr. Nitesh
Kumar Singh, Mr. Arjun Kapoor and
Mr. Devender Singh, Advocates for
R-1 to R-4
%
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMEET PRITAM SINGH ARORA, J (ORAL):
CM APPL. 58729/2023 and CM APPL. 59504/2023
1. In these applications, the Petitioner herein is aggrieved of the order
dated 16.10.2023 passed by the Trial Court dismissing the application filed
by the Petitioner under Order XVI Rule 6 read with Section 151 of Code of
Civil Procedure, 1908 ('CPC').
2. The Petitioner vide these applications seeks setting aside of the order
dated 16.10.2023 and a direction to the Trial Court to hear the app lication
filed under Order XVI Rule 6 of CPC, afresh.
3. Learned counsel for the Petitioner states that the rent agreement dated
08.08.1973 was duly pleaded in the written statement and since the custody
of the original of the said agreement is not with the Petitioner, an application
under Order XVI Rule 6 CPC read with Section 151 CPC was filed for
summoning of the original rent agreement from the landlord i.e., the trust.
4. In reply, learned counsel for the Respondent states that the order dated
16.10.2023 passed by the Trial Court affords a fresh cause of action to the
Petitioner and this order of the Trial Court cannot be impugned in the
present proceedings.
4.1. He states that since the present petition, filed on 16.09.2019, impugns
the order dated 06.05.2019, the adjudication of these applications (i.e., CM
APPL. 58729/2023 and CM APPL. 59504/2023) in the present proceedings
will cause prejudice to the Respondent.
4.2. He states that the therefore, the Petitioner should be directed to file a
fresh petition impugning the order dated 16.10.2023, if so advised, in
accordance with law.
5. This Court has considered the submissions of the parties.
6. This Court is in agreement with the submissions of the counsel for the
Respondents, since the necessary pleadings for challenging the said order
are not available on record and it is likely to cause embarrassment to the
process of adjudication.
7. Accordingly, these applications are disposed of reserving liberty to
the Petitioner herein to file a fresh petition within ten (10) days impugning
the Trial Court's order dated 16.10.2023, in accordance with law.
8. It is made clear that while granting the aforesaid liberty, this Court
has not expressed any opinion on the merits. The rights and contentions of
the parties are left open.
CM(M) 1375/2019
9. This petition filed under Article 227 of Constitution of India impugns
the order dated 06.05.2019 passed by the Trial Court in civil suit no.
20463/2016, titled as 'Uma Shankar Kapoor v. Kamal Narain Kapoor',
whereby the defendant's right to lead evidence has been closed.
10. This Court however, is of the opinion that in view of the subsequent
orders dated 26.09.2023 and 09.10.2023 passed by this Court, the challenge
in the said petition does not survive for consideration.
11. Accordingly, this petition is disposed of along with pending
applications.
12. It is however, clarified that the disposal of this petition shall not come
in the way of the Petitioner to assail the order dated 16.10.2023, which will
be decided on its own merits uninfluenced by the disposal of this petition.
13. Learned counsel for the Petitioner states that the Petitioner has paid
the cost of Rs. 50,000/- imposed by this Court vide order dated 26.09.2023.
The said statement is taken on record and the Petitioner will be at liberty to
rely on the said fact while assailing the order dated 16.10.2023.
14. Pending applications stands disposed of.
MANMEET PRITAM SINGH ARORA, J
NOVEMBER 21, 2023/rhc/aa
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