Delhi High Court
Smt. Harpyari ( Deceased) Through Lr-1A ... vs Badri Bhagat Jhandewala Temple Society ... on 4 October, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~144
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) 138/2024 & C.M.No.58536/2024
SMT. HARPYARI ( DECEASED) THROUGH LR-1A BHARAT
BHUSHAN SHARMA .....Appellant
Through: Appellant in person.
versus
BADRI BHAGAT JHANDEWALA TEMPLE SOCIETY AND ORS
.....Respondents
Through: Mr.Amit Kumar Singh with
Mr.Varun Maheshwari and Mr.Manan
Soni, Advocates for R-1.
Mr.Kamlesh Kumar Mishra with
Ms.Renu and Ms.Snigdha, Advocates
for LR-1C.
% Date of Decision: 04th October, 2024
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
MANMOHAN, ACJ : (ORAL)
1. Present appeal has been filed challenging the order dated 03rd
September, 2024 passed by the learned Single Judge of this Court in Crl.
M.A. No.7809/2023 in CS (OS) 381/2016, whereby the application under
Section 340 of the Cr.PC filed by the appellant-defendant no.1(a) was
dismissed on the ground that the error was clearly committed by the Notary
Public and the plaintiff-respondent no. 1 had nothing to gain by showing that
FAO (OS) 138/2024
Signing Date:07.10.2024
15:27:54
the affidavit or the application was prepared in 2019.
2. The appellant, who appears in person, states that on 03rd December,
2021, respondent no.1 filed an application being I.A No.16166/2021 under
Order XXII Rule 4 CPC to implead the legal heirs of the deceased
defendant. He alleges that the affidavit filed along with the said application
was forged and fabricated. He states that the defendant had died on 13th
April, 2020, however, the affidavit along with I.A No.16166/2021 was
attested on 01st September, 2019.
3. He alleges that the learned senior counsel for the plaintiff and the
learned Joint Registrar hearing the I.A No.16166/2021 on 28th February,
2023 colluded with each other to disregard the statement made by him. He
further alleges that he was subjected to intimidation and insults by the
learned Joint Registrar. He states that that he has made a complaint dated
04th May, 2024 in this regard. He states that despite the respondent no.1
admitting the offence, the learned Single Judge dismissed Crl. M.A.
No.7809/2023 filed by the appellant.
4. Having heard the appellant as well as perused the paper book, this
Court is of the view that the learned Single has rightly observed that the
application could not have been prepared in 2019 as it refers to the events
that occurred in 2020.
5. The learned Single has also rightly observed that the
plaintiff/respondent had nothing to gain by showing that the affidavit or the
application was prepared in 2019 and that there is an error committed by the
Notary Public which went unnoticed.
6. The appellant has made various unsubstantiated allegations against
the learned Joint Registrar and counsel for respondent no.1 without
FAO (OS) 138/2024
Signing Date:07.10.2024
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elaborating how the alleged collusion took place and how the same has
prejudiced the appellant.
7. Accordingly, the present appeal along with the application, being
bereft of merits, is dismissed.
CHIEF JUSTICE
TUSHAR RAO GEDELA, J
OCTOBER 04, 2024
KA
FAO (OS) 138/2024
Signing Date:07.10.2024
15:27:54
