HIGH COURT OF DELHI
Meena Kataria vs Rekha & Ors.
Civil Miscellaneous (Main) No 652 of 2023 On 15 April 2024
Hon'ble Judges: Shalinder Kaur
Case Type: Civil Miscellaneous (Main)
Final Decision:
Advocates: Ankit Jain, Aditya Chauhan, Apurva Tyagi, Narender Sharma, R. S. Verma, Kartik Dabas
Citations:
2024 0 CJ(Del) 15
ACTS REFERRED:
Hindu Succession Act, 1956, Section 30
Hindu Succession Act, 1956, Section 19
Hindu Succession Act, 1956, Section 8
Evidence Act, 1872, Section 103
Evidence Act, 1872, Section 102
Evidence Act, 1872, Section 101
Code of Civil Procedure, 1908, Order 18Rule 3
Code of Civil Procedure, 1908, Order 18Rule 2(3)
Code of Civil Procedure, 1908, Section 151
Constitution of India, Article 227
(A) Constitution of India, Article 227 - Power of superintendence over all courts by the High Court(B) Code of Civil Procedure, 1908, Section 151, Order 18Rule 3, Order 18Rule 2(3) - Saving of Inherent powers of Court(C) Evidence Act, 1872, Section 101, Section 102, Section 103 - Burden of proof - On whom burden of proof lies - Burden of proof, as to particular fact(D) Hindu Succession Act, 1956, Section 19, Section 8, Section 30 - Mode of succession of two or more heirs - General rules of succession in the case of males - Testamentary succession Rekha & Others" whereby
the learned Trial Court dismissed the application under Order XVIII Rule 2(3)
CPC filed by the petitioner seeking permission to lead evidence in rebuttal to
the evidence led by the respondents.
For the purpose of adjudication of the present case, the relevant facts are
that Mrs. Meena Kataria/petitioner herein, Ms.
Judgement Text
1.
The present CM(M) petition no. 652/2023 has been filed by the petitioner under
Article 227 of the Constitution of India against the impugned order dated 16.03.2023
passed by the learned Additional District Judge-03 (West), Tis Hazari Courts,
Delhi (hereinafter referred to as learned "Trial Court") in Civ DJ no.
613733/2016, titled as "Smt. Meena Kataria vs. Ms. Rekha & Others" whereby
the learned Trial Court dismissed the application under Order XVIII Rule 2(3)
CPC filed by the petitioner seeking permission to lead evidence in rebuttal to
the evidence led by the respondents.
2.
For the purpose of adjudication of the present case, the relevant facts are
that Mrs. Meena Kataria/petitioner herein, Ms. Rekha/respondent no. 1 herein,
Mr. Anurag Chauhan/respondent no. 3 herein, Mrs. Manju Tanwar/respondent no. 4
herein and Mrs. Yashoda/respondent no. 5 herein are the legal heirs of late Mr.
Mahavir Singh. Further, Mrs. Kamla Devi/respondent no. 2 herein is the wife of
late Mr. Mahavir Singh and his legal heir.
3.
Late Mr. Mahavir Singh, being the head of the family or Karta of the Hindu
Undivided Family (hereinafter referred to as "HUF") was responsible for
managing several ancestral properties listed as follows: -
a)
A four-storey property bearing no. WZ-158 & WZ-156 situated at village
Khampur Raya, New Delhi - 110008.
