SURINDER KAUR Vs. S RAJDEV SINGH

JUDGEMENT

(1.) The Original Appeal under Chapter-II Rule 5 of the Delhi High Court (Original Side) Rules, 2018 has been preferred by the appellant [defendant No. 3(b) in Suit] against the Order dtd. 5/10/2023 vide which, the learned Joint Registrar (Judicial) has allowed the application i.e. IA 16439/2023 filed by the defendant No. 3(b) Ms.Isha Kaur under Order XVI Rule 1A CPC permitting Sh.Ravinder Singh, witness of defendant No. 3(b) to be examined as an independent witness after the examination of defendant No. 3 Ravinder Singh Akoi.

(2.) It is submitted that the predecessor of defendant No. 1, had built the Imperial Hotel on a lease hold land from the L&DO at 124, Janpath, New Delhi. Sh. S.B.Ranjit Singh, the original plaintiff and defendants started a Partnership Firm in the year 1968 to operate the Hotel Imperial. S.B.Ranjit Singh as landlord, entered into a lease with the said partnership firm Ms.Rajdev Singh and Company, as tenants. The Partnership came to an end in 1972 and it was then reconstituted amongst the family of S.B.Ranjit Singh in 1972. The said Partnership was again reconstituted in 1979 for a period of 20 years, however, S.B.Ranjit Singh due to old age opted out of this Partnership but the Partnership Firm had continued to run the Hotel Imperial.

(3.) S.B.Ranjit Singh, father of the defendant No. 1 passed away on 20/12/1984 and in terms of his Will dtd. 9/7/1979 and codicil dtd. 28/6/1984, he bequeathed the Hotel Imperial to defendant No. 1 whose name was mutated as the lessee in the L&DO, New Delhi. It is averred that vide letter dtd. 5/4/1999, the defendant No. 2 acting on behalf of Sardar Rajdev Singh, informed the other partners that they did not want to reconstitute the Partnership Firm and it shall be wounded up with effect from 30/6/1999 and that all the partners should participate in the finalization of the accounts. Dispute arose between the parties and the present suit was filed for Declaration, Permanent Injunction, Mandatory Injunction, Specific Performance, Rendition of Accounts and Mesne Profits. Another suit being CS(OS)1306/1999 has been filed by the defendant No. 4, partner of the erstwhile Partnership Firm Rajdev Singh and Company. Defendant No. 4 subsequently filed another civil suit bearing No. CS(OS) 1344/2002 against the defendants. The instant suit was tagged with CS(OS) 1306/1999 and was set for trial whereas CS (OS) 1344/2002 was separated for trial. The issues were framed on 4/5/2005. The Local Commissioner was appointed for recording of evidence, who has partly recorded the evidence of the plaintiff and the defendant No. 1 Sh.Hardev Singh. The matter was listed before the learned Joint Registrar for recording of remaining evidence, however vide Order dtd. 20/12/2021, DW1 Hardev Singh whose evidence was being recorded, withdrew his evidence as he was unable to depose further due to his medical condition. The evidence of defendant No. 3 was to be recorded subsequently, however, due to his unavailability, the matter was adjourned for several months. However, defendant No. 3 passed away on 13/1/2023 and his legal heirs defendant No. 3 (a) to (d) were consequently impleaded. Vide Order dtd. 15/5/2023, this Court directed the defendant Nos. 3(a) to (d) to file their evidence by way of affidavits which they failed to do and the cost was imposed on 19/7/2023. Thereafter, defendant No. 3(b) filed evidence by way of affidavit of himself along with another witness Sh.Ravinder Singh.