LAWS(DLH)-2020-12-106

BINA MODI Vs. LALIT KUMAR MODI

Decided On December 24, 2020
BINA MODI Appellant
V/S
Lalit Kumar Modi Respondents

JUDGEMENT

(1.) These two Regular First Appeals ('Appeals'), instituted under the provisions of Section 96 read with Order XLI of the Code of Civil Procedure, 1908 ('CPC'), impugn the judgment and decree dated the 03.03.2020 ('impugned judgment'), whereby the learned Single Judge dismissed CS(OS) 84/2020, titled as 'Dr. Bina Modi vs. Lalit Modi and Ors.' and CS(OS) 85/2020, titled as 'Charu Modi and Anr. vs. Lalit Modi and Anr.', ('the Suits'), as not maintainable in-limine.

(2.) At the outset, it is relevant to observe that, the learned Single Judge did not issue summons in the Suits and proceeded to finally adjudicate them after hearing the learned Senior Counsel appearing on behalf of the contesting Caveator to oppose the very admission of the Suits, when they first came up before the Court.

(3.) Since, the averments made in the plaints were neither refuted nor traversed in any manner whatsoever-the Suits having been dismissed at the threshold-the facts stated therein, as are germane for the due adjudication of these Appeals are being considered. It is relevant to observe here that both the present Appeals, as well as, the Suits from which they arise, are identical mutatis mutandis.