High Court RFA-Appeal - Jagjit Singh Vs Gurbachan Kaur-02.01.2020

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(Regular First Appeal)
R.F.A. NO. OF 2020
IN THE MATTER OF:-
Smt. Gurbachan Kaur

W/o. Late S. Harbans Singh Sethi (since Deceased)
Through her Legal Heirs :
Satinder Pal Singh @ Ginny and Anr. ….APPELLANTS
VERSUS
S. Jagjit Singh and ORS. ……RESPONDENTS
INDEX
SN PARTICULARS PAGES C.FEE
1. URGENT APPLICATION
2. MEMO OF PARTIES
3. LIST OF DATES AND EVENTS
4. OPENING SHEET
5. APPEAL U/S 96 OF CPC WITH
SUPPORTING AFFIDAVIT.
6. ANNEXURE “A”
CERTIFIED COPY OF THE IMPUGNED

AMENDED PRELIMINARY DECREE AND
FINAL DECREE DATED 25/09/2019
7. ANNEXURE “B”
COPY OF THE AMENDED PRELIMINARY

DECREE DATED 30/03/2017 AND ITS
TRUE TYPED COPY
8. ANNEXURE “C”
COPY OF AMENDED PLAINT AND ITS TRUE TYPED

COPY
9. ANNEXURE “D”
COPY OF AMENDED W.S. OF DEFENDANT NO.1 (SMT.
GURBACHAN KAUR) AND DEFENDANT NO.3B
(S.PRABHJOT SINGH) AND ITS TRUE TYPED COPY
10. ANNEXURE “E”
COPY OF AMENDED W.S. OF DEFENDANT NO.2
(S. TARANJEET SINGH)
11. ANNEXURE “F”
COPY OF WRITTEN STATEMENT ON BEHALF OF

DEFENDANT NO. 4 & 5 AND ITS TRUE TYPED COPY
12. ANNEXURE “G”
COPY OF CHIEF & CROSS EXAMINATION OF PLAINTIFF

WITNESSES
13. ANNEXURE “H”
COPY OF CHIEF AND CROSS EXAMINATION OF

DEFENDANT WITNESSES
14. ANNEXURE “I”
COPY OF DOCUMENTS EX. PW1/1 TO PW1/7
15. ANNEXURE “J”
COPY OF WILL DATED 07/04/1998 & TRUE TYPED

COPY
16. ANNEXURE “K”

COPY OF WILL DATED 12/04/2005 AND 25/11/2010 &
ITS TRUE TYPED COPY
17. ANNEXURE “L”
ORIGINAL SPECIAL POWER OF ATTORNEY
18. ANNEXURE “M”
COPY OF APPLICATION UNDER ORDER 1 RULE 10
R/W SECTION 151 CPC
19. ANNEXURE “N”
COPY OF APPLICATION UNDER SECTION 151 CPC
FOR STAY OF SUIT TILL THE DISPOSAL OF APPEAL
BEARING NO.FAO 206/10
20. ANNEXURE “O”
COPY OF REPORT DATED 26/09/2017 OF
LOCAL COMMISSIONER
21. APPLICATION U/S 151 OF CPC
FOR EXEMPTION FROM FILING CERTIFIED
COPIES OF THE ANNEXURES
22. APPLICATION U/S 151 CPC ON BEHALF OF APPELLANT
FOR STAY OF OPERATION OF AMENDED PRELIMINARY
DECREE AND FINAL DECREE AND STAY OF SALE OF
SUIT PROPERTY.
23. VAKALATNAMA
24. COURT FEES OF RS. AND SCRUTINY CHARGES
OF RS…………
APPELLANT
Through
(B. B. JAIN, MAYANK GARG & SUMAN JAIN)
ADVOCATES
PLACE:-DELHI BAR ROOM NO. 3, CIVIL

WING,
DATED:- 03/01/2020 TIS HAZARI COURT,

DELHI-110054
MOBILE:-9312197974,
9810053420
R.F.A. NO. OF 2020
IN THE MATTER OF:-
Smt. Gurbachan Kaur (since Deceased)

Satinder Pal Singh @ Ginny & Anr.
….APPELLANTS
VERSUS
S. Jagjit Singh & Ors. ……

RESPONDENTS
MEMO OF PARTIES
Smt. Gurbachan Kaur (Defendant No.1 before

Trial Court)
W/o. Late S. Harbans Singh Sethi
R/o. 17/54-A & B, Tilak Nagar, New Delhi-18
(since Deceased) Through her Legal Heirs :
1. Satinder Pal Singh @ Ginny
S/o. S. Taranjit Singh
2. S. Taranjit Singh (Defendant No.2 before

Trial Court)
S/o. Late S. Harbans Singh Sethi
Both Resident of
R/o. 17/54-A & B, Tilak Nagar, New Delhi-18
3. S.Prabjot Singh (Defendant No.3(B) before Trial

Court)
S/o. Late Smt. Ravinder Kaur
WZ-204-A, Gali No.12,
Shiv Nagar, New Delh-58
through Appellant No.1
Satinder Pal Singh@Ginny (Attorney Holder)
….APPELLANTS
VERSUS
1. S. Jagjit Singh (Plaintiff before Trial

Court)
R/o. House No.A-26, Gali No.8,
Krishna Park Extn.,
New Delhi-18.
2. Smt. Ravinder Kaur (since Deceased)

(Defendant No.3 before Trial Court)
Through her Legal Heirs
2(A) S. Surjeet Singh Gujral (Husband) (since Deceased)
(Defendant No.3(A) before Trial Court)
Through his Legal Heirs
2(A)(i)Tanpreet Kaur (Daughter) (Defendant No.3A(i)
before Trial Court)
W/o. Pawan Preet Singh
R/o. 41, Green Lehal, Passi Road,
Patiala, Punjab-147001
2(A)(ii) Master Jaspreet Singh Gujral (SON) (Defendant

No.3(C) before Trial Court)
R/o. WZ-204-A, Gali No.12,
Shiv Nagar, New Delhi-58
3. S. Jasbir Singh Sethi (Defendant No.4 before
Trial Court)
S/o. Later S. Harbans Singh Sethi
R/o. House No.54, Bank Vihar,
Pritampura, Near Saraswati Vihar,
New Delhi-34
4. S. Balvinder Singh (Defendant No.5 before Trial

Court)
R/o. H. No.WZ-46/2B,
Shyama Prashad Mukherji Park Extn.,
Tilak Nagar, New Delhi-18
……
RESPONDENTS
APPELLANT
Through
ADVOCATES
PLACE:-DELHI BAR ROOM NO. 3, CIVIL WING,
DATED:- 03/01/2020 TIS HAZARI COURT, DELHI-110054
MOBILE:-9312197974, 9810053420
R.F.A. NO. OF 2020
IN THE MATTER OF:-

Satinder Pal Singh @ Ginny
S/o. S. Taranjit Singh & anr. ….APPELLANTS
VERSUS
S. Jagjit Singh & ors. ……RESPONDENTS
APPEAL UNDER SECTION 96 OF CIVIL PROCEDURE CODE,

1908 AGAINST THE JUDGMENT, DECREE AND AMENDED
PRELIMINARY DECREE DATED 25.09.2019 PASSED BY
HON’BLE COURT OF SH. HASAN ANZAR, LD. ADJ-06
(WEST), TIS HAZARI COURTS, DELHI IN M NO. 171/17
TITLED AS “S. JAGJIT SINGH VS. SMT. GURBACHAN
KAUR AND ORS.”
1. That the present appeal has arisen from the amended
preliminary decree and final decree passed by Hon’ble
Court of Sh. Hasan Anzar, ADJ-06, Tis Hazari vide order
dated 25.09.2019, whereby the suit for partition filed by
respondent no. 1 was decreed and preliminary decree
was amended. Earlier appellant had filed RFA vide
No.765/2017 in Hon’ble High Court of Delhi against

preliminary decree passed by trial court vide order dated
30.03.2017, which is pending for 04.05.2020.
2. The brief facts of the present matter are that a suit for
partition was filed by respondent no. 1 against the
deceased grandmother of appellant on the facts that the
parties to the suit are legal heirs/successors of Late Sh.
Harbans Singh Sethi who died intestate. Deceased
grandmother of appellant was the wife of Late Sh.
Harbans Singh Sethi and had 50% of share by virtue of
will Dated 07/04/1998 i.e. Will of Late Sh. Harbans
Singh Sethi, which is under challenged and is pending
before Hon’ble High Court of Delhi in FAO.: 206/2010
for 4.5.2020. That appellant No.2, Respondent no. 1,
respondent no. 3 and respondent no.4 are his sons;
whereas respondent no.2 is pre-deceased daughter who
has been succeeded by her legal heirs as appellant no.3,
respondent no. 2 and 2a (deceased), 2b. As stated, late
Sh. Harbans Singh sethi at the time of his death was
having following assets :
(1) Built up house bearing no.17/54-A and B, Tilak
Nagar, New Delhi-18, built on an area of 200 sq. yds,
which is the suit property herein and (2) saving bank
account no.01190-314525 with State Bank of India.

3. As alleged respondent no. 1 was always having
constructive and permissive possession and earlier also, he
had resided in the said property. The rooms and accessories
thereto in the said immovable property had been built up by
the respondent no. 1 and he was also running his business
from the said premises in name of Harbans Continental.
However, the respondent no. 1 had to leave the said premises
as his father was under undue influence and coercion of his
wife and daughter and they used to interfere in each and every
activity of respondent no. 1, therefore to maintain peace and
harmony in the joint family, respondent no. 1 with his family
lived separately but the suit property remained always the first
residence of the respondent no. 1.
4. As alleged, Deceased grandmother of appellant &
respondent no. 2 after taking tacit advantage of the weak
medical condition of father of respondent no. 1 , took over
the affairs of Late S. Harbans Singh Sethi for their vested
interest according to their whims. After the death of Late
Sh. Harbans Singh Sethi, respondent no. 1 through his
counsel gave legal notice dated 13.3.2005 to the concerned
municipal authorities intimating them about the death of
father of respondent no. 1 and requesting them to preserve
the said premises and in no manner to allow the transfer of
the said premises without the knowledge of the respondent

no. 1, which is pending before Hon’ble High Court Delhi. The
Will in question was Genuine Will and the same was
disallowed by Trial Court as attested Witness was
interested in deposing contrary to the will.
5. As alleged, deceased grandmother of appellant &
respondent no. 2 through her son i.e. respondent no.2b,
after having intimation of the said letter sent to authorities by
the respondent no. 1 and respondent no. 3 & 4 filed a probate
petition falsely propounding an alleged will in April 2005,
wherein objections were also filed by respondent no. 1.
6. It was alleged that in the month of June 2007,
defendants agreed to amicably settle the matter and to
distribute the assets of Late Sh. Harbans Singh Sethi to the
extent of 1/6th share each but the negotiations and
conciliation finally failed in the month of September 2007
whereby the right of respondent no. 1 was denied the to the
extent of 1/6th share in the assets of the father of respondent
no. 1. Hence, this suit seeking partition.
7. It was alleged that in written statement filed on behalf of
deceased grandmother of appellant and respondent no. 2b, it
was stated that late Sh. Harbans Singh was absolute
owner of suit property who during his life time in sound
disposing mind, bequeathed the said property in equal

shares to deceased grandmother of appellant no.1 and
respondent no. 2b. As stated, father of respondent no.1 had
already settled respondent no. 1 and deceased grandmother of
appellant no.1 and appellant no.2 and respondent no.2
respectively in their own houses and in their business and
no member of family either contributed for acquiring the
property or for making developments in the property.
8. It was denied that respondent no. 1 was doing his
business of M/s. Harbans Continental from the suit property,
though sale tax number was obtained at the address of the
suit property. It was further stated that at the time of
acquiring properties, respondent no. 1 was minor and was not
doing anything and therefore the question of any
contribution from his side does not arise at all. The Will by
Late Sh. Harbans Singh, as stated, was executed of his own
free volition and having full control on his mental faculties.
The probate petition, as stated was filed by deceased
grandmother of appellant and respondents no. 2b prior to
filing of instant suit and respondent no. 1 despite knowing
the existence of will and having knowledge thereof, has filed
this baseless and false suit. The same is pending before
Hon’ble High Court vide appeal bearing FAO no. 206/2010
for regular hearing.

9. Appellant no.2 in his written statement also deposed on
the samelines as of deceased grandmother of appellant and
respondents no. 2b. Respondents no. 2(a), (c ), 3 & 4 remained
ex-party.
10. After framing of issues, witnesses were examined and by
order and judgment dated 30.03.2017 the preliminary decree
for partition was passed in favour respondent no. 1. That
the said preliminary decree was challenged by appellants
herein in RFA No.765/2017 before Hon’ble High Court of
Delhi. It is pertinent to mention here that vide order dated
1/3/2018 Hon’ble acting Chief Justice of Delhi High Court
was pleased to club FAO No.206/2010 and RFA No.765/2017
and now both are fixed for 04.05.2020.
11. Thereafter the Hon’ble court vide order and judgment
dated 25.09.2019 Hon’ble court had passed amended
preliminary decree in which Hon’ble court determined the
share of other defendants and legal heirs of other defendants.
GROUNDS OF APPEAL
1. The trial court has failed to appreciate that appeal filed
against the dismissal of probate petition in FAO
No.206/2010 is pending before Hon’ble High Court of
Delhi and decision of the present suit of partition will
depend upon the decision in FAO No.206/2010.

2. That trial court has failed to consider that appeal being
continuation of trial proceedings is still pending and in
the event of appeal being allowed the decree of partition
granted by trial court would be of no value.
3. That trial court ought to have deferred the final decision
in partition suit till the final outcome of appeal against
the dismissal of probate petition.
4. That trial court has failed to appreciate that there is
chance of two different opinions on the succession of
property if the appeal filed against probate petition is
allowed.
5. That appellant No.1 i.e. Satinder Pal Singh @Ginny being
proper and necessary party on the basis of will left by
late grandmother of appellant in his favour who in
furtherance of dismissal of an application under order 1
rule 10 had filed a probate petition bearing No.
PC/62/2017 which is pending for P.E. on dated
11/02/2020. In case PC No.62/2017 is allowed in favour
of appellant namely Satinder Pal Singh @ Ginny, he may
suffer irreparable loss and injury as if the auction/sale
proceeds are distributed equally as per judgment dated
25.09.2019 as described in para no.3 wherein the

Hon’ble Court failed to consider any share of the
appellant.
6. That the trial court failed to appreciate the applications
under order 1 rule 10 CPC and Section 10 CPC in correct
perspective and failed to consider that applicant being a
proper and necessary party on the basis of will left by
late grandmother of appellant in his favour ought to have
been allowed to contest the suit after her demise and the
hearing in the suit should be stayed till the final outcome
of appeal of probate case and Hon’ble Trial Court had
failed to appreciate that the applicant had already stated
the above said facts before the Hon’ble Court at the time
of filling of replication to the written statement.
7. That the trial court had failed to appreciate the correct
and real facts. The Trial Court had wrongly pick and
choose the extract from para No. 3 of judgment, which
determines the shares of parties is incorrect as the share
of appellant namely Satinder Pal Singh was not taken
care by the hon’ble court being the only legal heir of Late
Smt. Gurcharan Kaur (Deceased) vide Will dated
25/11/2010 and probate petition No.PC/62/2017 is
pending before the Trial Court for 11/02/2020.

8. That the Trial Court had failed to appreciate the correct
and real facts. That the views given by Trial Court in para
No.6 of impugned judgment are entirely contrary to
contents of para No.3 of WS filed by defendant no.1 i.e.
Smt. Gurcharan Kaur (since Deceased) and defendant
no.3 b i.e. S. Prabhjot Singh before Trial Court.
9. That trial court has failed to preserve the share of Late
Smt. Gurbachan Kaur as the deceased grandmother i.e.
Late Smt. Gurbachan Kaur has executed Will dated
12/04/2005 and 25/11/2010 in favour of the appellant
No.1 i.e. Satinder Pal Singh @ Ginny. In case the
appellant is not succeeded in the present appeal atleast
he would get share of deceased Late Smt. Gurbachan
Kaur as she has executed Will dated 12/04/2005 and
25/11/2010 in favour of the appellant No.1 i.e. Satinder
Pal Singh @ Ginny and the appellant No.1 has filed
probate petition No.PC/62/2017 which is pending before
Ld. Trial court for 11/2/2020 for petitioner evidence.
10. That it is pertinent to mention here that vide order dated
4/6/2018 passed by Mediation Centre, Tis Hazari Court,
in Civil suit No.8218/16 titled as “Jaspreet Singh Gujral
Vs Prabhjot Singh Gujral & Anr.”, Sh. Jaspreet Singh
Gujral and Ms. Tanpreet Kaur has withdrawn their

claims in favour of appellant No.1 in PC No.62/2017,
RFA No.765/2017 and FAO No.206/2010.
11. That it is certified that complete Trial Court record has
been filed which is necessary for the adjudication of the
present appeal.
12. That advalorem court fees of Rs. /- (fixed court fees)
has been affixed with the present appeal.
13. That the present appeal is within limitation.
PRAYER
It is therefore most respectfully prayed that present
appeal be allowed and the judgment and amended
preliminary decree dated : 25.09.2019 (M No.171/17) –
Passed by Hon’ble Court of Sh. Hasan Anzar, Ld. ADJ-
06(W), Tis Hazari Court, Delhi be set aside.
Pass any other or further order which this Hon’ble Court
deems fit, proper & expedite in favour of applicant, in the
interest of justice.
APPELLANT
Through
ADVOCATES
MOBILE:-9312197974, 9810053420
(REGULAR FIRST APPEAL)
R. F. A. NO. OF 2020
IN THE MATTER OF:-

Satinder Pal Singh @ Ginny & Anr. ….APPELLANTS
VERSUS
S. Jagjit Singh & Ors. ……RESPONDENTS
AFFIDAVIT
I, Satinder Pal Singh @Ginny S/o. Sh. S. Taranjit Singh (S. P.

A. Holder of S. Prabhjot Singh), Aged about 39 years, R/o.
17/54-A & B, Tilak Nagar New Delhi-110018, do hereby
solemnly affirm and declare as under:-
1. The deponent is the appellant No.1 in abovesaid case and

is well conversant with facts & circumstances of the case
and is competent to swear this affidavit before this Court.
2. That the contents of accompanying appeal have been

drafted by my counsel under my instructions and
contents of the same has been read over and explained to
me in my vernacular language which have been
understood by me and found the same to be true &
correct to the best of my knowledge.
3. The deponent craves leave to this Court to read the

contents of same as part and parcel of this affidavit as
same are not repeated herein for sake of brevity.
DEPONENT
VERIFICATION:-
Verified at Delhi on this day of January,
2020 that the contents of my above affidavit are true and
correct to the best of my knowledge and no part of it is false
and nothing material has been concealed therein.
DEPONENT
R. F. A. NO. OF 2020
IN THE MATTER OF:-

VERSUS
URGENT APPLICATION
THE REGISTRAR,
DELHI HIGH COURT
NEW DELHI-110003.
Respected Sir,
Kindly treat the above appeal/petition as urgent one
as per Delhi High Court Rules on following grounds:-
“The appeal is being filed by the appellant against the

amended preliminary decree and final decree in partition suit”.
APPELLANT
Through
ADVOCATES
MOBILE:-9312197974, 9810053420
R. F. A. NO. OF 2020
IN THE MATTER OF:-

VERSUS
AFFIDAVIT


2. That the contents of accompanying application U/S 151

CPC have been drafted by my counsel under my
instructions and contents of the same has been read over
and explained to me in my vernacular language which
have been understood by me and found the same to be
true & correct to the best of my knowledge.

DEPONENT
VERIFICATION:-
DEPONENT
R. F. A. NO. OF 2020
IN THE MATTER OF:-

VERSUS
AFFIDAVIT


2. That the contents of accompanying application U/S 5 of

Limitation Act read with 151 CPC have been drafted by
my counsel under my instructions and contents of the
same has been read over and explained to me in my
vernacular language which have been understood by me
and found the same to be true & correct to the best of my
knowledge.

DEPONENT
VERIFICATION:-
Verified at Delhi on this day of January, 2020
that the contents of my above affidavit are true and correct to
the best of my knowledge and no part of it is false and nothing
material has been concealed therein.
DEPONENT
R. F. A. NO. OF 2020
IN THE MATTER OF:-

VERSUS
AFFIDAVIT
I, S. Taranjit Singh S/o. Late Sh. S. Harbans Singh, Aged

about …..years, R/o. 17/54-A & B, Tilak Nagar New Delhi-
110018, do hereby solemnly affirm and declare as under:-

2. That the contents of accompanying application 151 CPC

have been drafted by my counsel under my instructions
and contents of the same has been read over and
explained to me in my vernacular language which have
been understood by me and found the same to be true &

DEPONENT
VERIFICATION:-
DEPONENT
R. F. A. NO. OF 2020
IN THE MATTER OF:-

VERSUS
AFFIDAVIT

about ……..years, R/o. 17/54-A & B, Tilak Nagar New Delhi-



DEPONENT
VERIFICATION:-
DEPONENT
R. F. A. NO. OF 2020
IN THE MATTER OF:-

VERSUS
AFFIDAVIT

about ___years, R/o. 17/54-A & B, Tilak Nagar New Delhi-



DEPONENT
VERIFICATION:-
DEPONENT
R. F. A. NO. OF 2020
IN THE MATTER OF:-

VERSUS
AFFIDAVIT

about __ years, R/o. 17/54-A & B, Tilak Nagar New Delhi-
110018, Attorney Holder of S. Prabjot Singh, S/o. Late Smt.
Ravinder Kaur, do hereby solemnly affirm and declare as
under:-



DEPONENT
VERIFICATION:-
DEPONENT
LIST OF DATES AND EVENTS
06/01/2010 Suit for partition was instituted.
09/04/2010 Probate petition No. 11/2006 (Old PC

No.132/05) was dismissed by Sh. V.P. Vaish,
DJ-11 (N) Delhi against which FAO No.
206/2010 is pending before Hon’ble High
Court.
05/07/2011 Defendant No.1 expired.
30/03/2017 Application under order 1 rule 10 CPC for

impleadment of appellant No.1 Satinder Pal
Singh@Ginny was dismissed on the basis of
Will dated 12/04/05 and 25/11/2010 which
was executed by defendant No.1 i.e. Smt.
Gurbachan Kaur (since Deceased) in favour of
Satinder Pal Singh@Ginny (i.e. Appellant No.1).
30/03/2017 Application for stay of the suit till disposal of

the appeal against the dismissal of probate
petition, pending before Hon’ble High Court
was dismissed.
30/03/2017 Impugned Preliminary Decree was passed

which is under challenge in RFA No.765/2017.
03/07/2017 RFA No.765/2017 was filed.
25/09/2019 Preliminary Decree was amended.

25/09/2019 Final Decree/Judgment was passed.
03/01/2020 Present Appeal is filed against amended

preliminary decree and final decree.
R. F. A. NO. OF 2020
IN THE MATTER OF:-

VERSUS
APPLICATION U/S 151 CPC ON BEHALF OF APPELLANT

FOR STAY OF OPERATION OF AMENDED PRELIMINARY
DECREE AND FINAL DECREE AND STAY OF SALE OF SUIT
PROPERTY IN TERMS OF AMENDED PRELIMINARY
DECREE AND FINAL DECREE DATED 25.09.2019
MOST RESPECTFULLY SHOWETH:-
1. That the present appeal has arisen from the amended

preliminary decree and final decree passed by Hon’ble
Court of Sh. Hasan Anzar, Ld. ADJ-06 (W), Tis Hazari
vide order dated 25.09.2019, whereby the suit for
partition filed by respondent no. 1 was decreed and
amended preliminary decree and final decree was
passed.
2. That the applicant/appellant craves leave of this

Hon’ble Court to read the contents of the
accompanying appeal as part and parcel of this
application as same are not repeated herein for the
sake of brevity.
3. The applicant/appellant has raised various grounds in
accompanying appeal and has every chance of his
success in the same.
4. That the applicant/appellant has a good prima facie
case in his favour and against the respondent.
5. That the balance of convenience also lies in favour of
applicant/appellant and against the respondent as
detailed in the appeal.
6. That the applicant/appellant shall suffer irreparable
loss and injury if operation of the amended preliminary
decree and final decree and stay of sale of Suit Property
for effecting amended preliminary decree and final
decree is not stayed during the pendency of instant
appeal.
PRAYER :-
In the premises aforesaid and in view of the facts and

circumstances of the case, as explained herein above, it is,
therefore, most respectfully prayed that this Hon’ble Court
may kindly be pleased to:-
(a) Stay the operation of the impugned amended preliminary

decree and final decree dated 25.09.2019 and stay of sale
of Suit Property for effecting amended preliminary decree
and final decree is not stayed during the pendency of
instant appeal; and
(b) Pass any other or further order which this Hon’ble Court
deems fit, proper & expedite in favour of appellant and
against the respondents; and
APPELLANT
Through
ADVOCATES
MOBILE:-9312197974, 9810053420
R. F. A. NO. OF 2020
IN THE MATTER OF:-

VERSUS
APPLICATION U/S 151 C.P.C. ON BEHALF OF THE

APPELLANT FOR EXEMPTION FROM FILING CERTIFIED
COPY OF ANNEXURES.
MOST RESPECTFULLY SHOWETH:-
1. That the petitioner has filed above noted appeal and

the same is pending disposal before this Hon'ble Court.
2. That the contents of accompanying appeal may kindly

be read as part and parcel of this affidavit as same are
not repeated herein for the sake of brevity.
3. The petitioner has filed some photocopies of

documents.
4. That it will take lot of time for filing certified copies of

the annexures. That the petitioner undertakes to file the
certified copies of the annexures as and when made
available to him.
It is, therefore, most respectfully prayed that the
petitioner may kindly be exempted from filing certified copy of
the annexures in the interest of justice.
Pass any other or further order which this Hon’ble Court

deems fit, proper & expedite in favour of appellant and against
respondent, in the interest of justice.
APPELLANT
Through
ADVOCATES
MOBILE:-9312197974, 9810053420

High Court RFA-Appeal - Jagjit Singh Vs Gurbachan Kaur-02.01.2020

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IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

(Regular First Appeal)

R.F.A. NO. OF 2020

IN THE MATTER OF:-

Smt. Gurbachan Kaur

S. Jagjit Singh and ORS. ……RESPONDENTS

SN PARTICULARS PAGES C.FEE

3. LIST OF DATES AND EVENTS

5. APPEAL U/S 96 OF CPC WITH

CERTIFIED COPY OF THE IMPUGNED

COPY OF THE AMENDED PRELIMINARY

COPY OF AMENDED PLAINT AND ITS TRUE TYPED

COPY OF AMENDED W.S. OF DEFENDANT NO.1 (SMT.

GURBACHAN KAUR) AND DEFENDANT NO.3B

(S.PRABHJOT SINGH) AND ITS TRUE TYPED COPY

10. ANNEXURE “E”

COPY OF AMENDED W.S. OF DEFENDANT NO.2

(S. TARANJEET SINGH)

11. ANNEXURE “F”

COPY OF WRITTEN STATEMENT ON BEHALF OF

12. ANNEXURE “G”

COPY OF CHIEF & CROSS EXAMINATION OF PLAINTIFF

13. ANNEXURE “H”

COPY OF CHIEF AND CROSS EXAMINATION OF

14. ANNEXURE “I”

COPY OF DOCUMENTS EX. PW1/1 TO PW1/7

15. ANNEXURE “J”

COPY OF WILL DATED 07/04/1998 & TRUE TYPED

16. ANNEXURE “K”

17. ANNEXURE “L”

ORIGINAL SPECIAL POWER OF ATTORNEY

18. ANNEXURE “M”

COPY OF APPLICATION UNDER ORDER 1 RULE 10

R/W SECTION 151 CPC

19. ANNEXURE “N”

COPY OF APPLICATION UNDER SECTION 151 CPC

FOR STAY OF SUIT TILL THE DISPOSAL OF APPEAL

BEARING NO.FAO 206/10

20. ANNEXURE “O”

COPY OF REPORT DATED 26/09/2017 OF

21. APPLICATION U/S 151 OF CPC

FOR EXEMPTION FROM FILING CERTIFIED

COPIES OF THE ANNEXURES

22. APPLICATION U/S 151 CPC ON BEHALF OF APPELLANT

FOR STAY OF OPERATION OF AMENDED PRELIMINARY

DECREE AND FINAL DECREE AND STAY OF SALE OF

24. COURT FEES OF RS. AND SCRUTINY CHARGES

(B. B. JAIN, MAYANK GARG & SUMAN JAIN)

PLACE:-DELHI BAR ROOM NO. 3, CIVIL

DATED:- 03/01/2020 TIS HAZARI COURT,

(Regular First Appeal)

R.F.A. NO. OF 2020

IN THE MATTER OF:-

Smt. Gurbachan Kaur (since Deceased)

S. Jagjit Singh & Ors. ……

Smt. Gurbachan Kaur (Defendant No.1 before

2. S. Taranjit Singh (Defendant No.2 before

3. S.Prabjot Singh (Defendant No.3(B) before Trial

1. S. Jagjit Singh (Plaintiff before Trial

R/o. House No.A-26, Gali No.8,

Krishna Park Extn.,

2. Smt. Ravinder Kaur (since Deceased)

2(A)(ii) Master Jaspreet Singh Gujral (SON) (Defendant