HOW TO LITIGATE IN WHITE COLLAR CRIME

IN THE COURT OF SH. ATUL AHLAWAT, DISTRICT JUDGE-03, SOUTH-EAST DISTRICT, SAKET COURTS, NEW DELHI

 

CASE NO.CS DJ NO. 36 OF 2020

 

IN THE MATTER OF:-

 

Beena & Anr.                                                          ... Plaintiffs

 

 

 Versus

Ranjeet @ Jeetu & Ors.                                            ...  Defendants

 

 

 

APPLICATION UNDER ORDER I RULE 10 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 (CPC) FOR IMPLEADMENT OF NECESSARY/PROPER PARTIES ON BEHALF OF THE PLAINTIFFS

 

MOST RESPECTFULLY SHOWETH:-

 

1.       That the above-noted suit for partition, rendition of accounts, and permanent injunction is pending adjudication before this Hon'ble Court.

 

2.       That though the Plaintiffs has claimed the partitioned in the share of Late Sh. Ramesh Chand from the estate of Late Sh. Rirka Ram, however, the defendant no.2 has been objecting the verbal partition between Late Sh. Ramphal and Late Sh. Ramesh Chand and verbal no objections from the sisters, therefore, legal heirs of late Sh. Ramphal despite knowing the pendency of present suit and residing next to defendant no.2 i.e. one of the suit property never came to this Hon’ble Court for claiming their share, similarly, the sisters being happily married never demanded their share during the life of their beloved brothers, who left for their heavenly abode.

 

3.       That despite circumstantial evidence of oral understanding between the deceased Ramesh Chand and his brother and sisters, the defendant no.2 objecting the verbal agreement and understanding, therefore, the Plaintiffs want to implead the remaining legal heirs of late Sh. Rirka Ram itself. It is needless to mention herein that inadvertently, due to miscommunication between the plaintiffs and his counsel, the, plaintiff relied into incorrect pedigree, therefore, the plaintiffs seek liberty to rely on amended memo of parties and pedigree filed in the suit deemed to be deleted from the suit. 

 

 

4.       That the details of the remaining legal heirs of Late Sh. Rirka Ram are as follows:-

         

          i)        Late Sh. Ramphal (Deceased) son of Late Sh. Rirka Ram

A.    Krishna, Wife of Late Sh. Ramphal

R/o House No. 82A, Amrit Puri Garhi,

East of Kailash, New Delhi

 

B.    Manoj, Son of Late Sh. Ramphal

R/o House No. 82A, Amrit Puri Garhi,

East of Kailash, New Delhi

         

 

C.    Jai Prakash (Deceased), Son of Late Sh. Ramphal

a)            Sushila W/o Sh. Jai Prakash

b)           Hemant S/o Sh. Jai Prakash

c)            Purnima D/o Sh. Jai Prakash

d)           Vanita D/o Sh. Jai Prakash

e)            Sapna D/o Sh. Jai Prakash

All residents of R/o House No. 82A, Amrit Puri Garhi, East of Kailash, New Delhi.

 

 

D.   Sunita (Deceased), Daughter of Late Sh. Ramphal

 

a)            Sunil (Deceased) H/o Smt. Sunita

b)           Priya D/o Smt. Sunita

c)            Pooja D/o Smt. Sunita

d)           Rahul D/o Sh. Jai Prakash

e)            Deepak D/o Sh. Jai Prakash

 

All residents of R/o House No. 82A, Amrit Puri Garhi, East of Kailash, New Delhi

 

ii)            Smt. Chandra Devi W/o Sh. Munna

R/o 6/238, Trilokpuri, New Delhi

 

iii)           Smt. Rameshwari W/o Sh. Prahlad Singh

R/o 500 J.J. Colony, Raghbir Nagar, New Delhi

 

5.       That although the plaintiffs contend that an amicable verbal partition had previously taken place, however, to completely obviate any technical objections raised by the defendants regarding the non-joinder of necessary parties, it is imperative, in the interest of justice and complete adjudication, to implead the said family members as parties to the present suit.

 

6.       That there shall no legal impediment to grant the relief as sought herein by way of present application.

 

7.       That the present application is being made bona fide and in the interest of justice.

 PRAYER

In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to:

 

(a)  allow the present application under Order 1 Rule 10 CPC;

 

(b) permit the plaintiffs to implead the remaining legal heirs/co-sharers (Smt. Rameshwari W/o Sh. Prahlad Singh, Smt. Chandra Devi W/o Sh. Munna, and/or legal representatives of Late Sh. Ramphal) as co-defendants in the memo of parties;

 

(c)  grant permission to amend the memo of parties and consequential pleadings accordingly; and

 

(d) pass any other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

 

NEW DELHI

DATED: _________

 

 PLAINTIFFS

[V.K. YADAV & GAURAV KASHYAP]

Advocates

Ch.No.784-A, First Floor, Western Wing,

Tis Hazari Courts, Delhi-110054

IN THE COURT OF SH. ATUL AHLAWAT, DISTRICT JUDGE-03, SOUTH-EAST DISTRICT, SAKET COURTS, NEW DELHI

 

CASE NO.CS DJ NO. 36 OF 2020

 

IN THE MATTER OF:-

Beena & Anr.                                                          ... Plaintiffs

 

 Versus

Ranjeet @ Jeetu & Ors.                                            ...  Defendants

 

 AFFIDAVIT

I, Beena, W/o Late Sh. Ramesh Chand, aged about ___ years, R/o H.No. 30, DDA Flat, Dasghara Village, Todapur, Delhi-110012, do hereby solemnly affirm and declare as under:

 

1.       That I am the Plaintiff No. 1 in the above-noted case and am fully conversant with the facts and circumstances of the case, and am competent to swear this affidavit.

 

2.       That the contents of the accompanying application under Order 1 Rule 10 CPC have been drafted by my counsel under my instructions, and the statements made therein are true and correct to the best of my knowledge and belief.

 

3.       That no material fact has been concealed therefrom.

DEPONENT

VERIFICATION:-

Verified at New Delhi on this _____ day of _________, 2026, that the contents of the above affidavit are true and correct to my knowledge, no part of it is false, and nothing material has been concealed therefrom.

 

DEPONENT

 

IN THE COURT OF SH. ATUL AHLAWAT, DISTRICT JUDGE-03, SOUTH-EAST DISTRICT, SAKET COURTS, NEW DELHI

 

CASE NO.CS DJ NO. 36 OF 2020

 

IN THE MATTER OF:-

Beena & Anr.                                                          ... Plaintiffs

 Versus

Ranjeet @ Jeetu & Ors.                                            ...  Defendants

 

 AFFIDAVIT

I, Sangeeta, D/o Late Sh. Ramesh Chand, aged about ___ years, R/o H.No. 30, DDA Flat, Dasghara Village, Todapur, Delhi-110012, do hereby solemnly affirm and declare as under:

 

1.       That I am the Plaintiff No. 2 in the above-noted case and am fully conversant with the facts and circumstances of the case, and am competent to swear this affidavit.

 

2.       That the contents of the accompanying application under Order 1 Rule 10 CPC have been drafted by my counsel under my instructions, and the statements made therein are true and correct to the best of my knowledge and belief.

 

3.       That no material fact has been concealed therefrom.

 

DEPONENT

VERIFICATION:-

Verified at New Delhi on this _____ day of _________, 2026, that the contents of the above affidavit are true and correct to my knowledge, no part of it is false, and nothing material has been concealed therefrom.

DEPONENT