LAWS(DLH)-2023-6-36

SEAN DUSHYANT MANCHANDA Vs. RABIA MANCHANDA

Decided On June 02, 2023
Sean Dushyant Manchanda Appellant
V/S
Rabia Manchanda Respondents

JUDGEMENT

(1.) This judgment will dispose of four applications for rejection of the plaint filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 [hereinafter, "CPC"], being I.A. 8348/2015 filed by defendant No. 5(b), I.A. 16548/2015 filed by defendant No. 5(e), I.A. 3310/2016 filed by defendant No. 2, and I.A. 6799/2016 filed by defendant No. 5(a).

(2.) The applicants seek rejection of the plaint, principally on the ground that the suit has been instituted mala fide, in abuse of the process of Court, that it is barred by estoppel (the plaintiff No.1 having filed an earlier suit on inconsistent and irreconcilable pleadings), and that the suit is bad for want of adequate Court fees. A. FACTUAL BACKGROUND

(3.) There are two plaintiffs in the suit. Plaintiff No.2 is the daughter of plaintiff No.1. They are resident in the United States of America. Plaintiff No.1'Mr. Sean Dushyant Manchanda [hereinafter, "SDM"], is the son of late Mr. A.D. Manchanda [hereinafter, "ADM"] and late Ms. Padmini Manchanda. His parents were divorced in 1975 when he was approximately eleven years of age. ADM thereafter married Ms. Rabia Manchanda [hereinafter, "RM"], who is arrayed as defendant No.1 in the suit. ADM's sister, Mrs. Devika Singh [hereinafter, "DS"], has been impleaded as defendant No.2.