SAROJ BAHL Vs. SUSHMA BAATRA

JUDGEMENT

(1.) This petition has been filed by the petitioner seeking transfer of the Civil Suit bearing No.SCJ/538091/2016 titled Saroj Behl v. Sushma Baatra and Ors. pending adjudication before the Court of the learned Senior Civil Judge (North), Rohini Courts, to this Court, to be tried along with CS(OS) No.1099 of 2013 titled Mr.Chaman Kumar Mehra and Ors. v. Mrs.Gian Devi Mehta and Ors.

(2.) The learned counsel for the petitioner submits that the issues framed in the suit pending before the High Court are also on whether the registered release deed dtd. 23/10/1982 allegedly executed by the petitioner herein, and the Will dtd. 3/2/1977, allegedly executed by Late Sh.Laxman Das Mehta, and the Will dtd. 16/1/2014 executed by Late Smt.Gian Devi Mehta are valid and enforceable. The learned counsel for the petitioner submits that same documents are in challenge in the suit filed by the petitioner and pending adjudication before the learned Senior Civil Judge (North), Rohini Courts, of which transfer is prayed for. He submits that, therefore, it would be in the interest of justice that the two suits are tried together.

(3.) On the other hand, the learned counsel for the respondent nos.1 and 2 submits that the said respondents have filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (in short 'CPC') seeking dismissal of the suit filed by the petitioner. He submits that the present petition has been filed only to scuttle the adjudication of the said application and, therefore, is an abuse of the process of law. He submits that the suit before this Court was filed in the year 2013, while the suit filed by the petitioner before the learned District Court was filed in the year 2016. The petitioner has not shown any cause to explain the delay in filing of the present petition.