KULSHRESHTHRA DHINGRA Vs. DEEPA DHINGRA

JUDGEMENT

(1.) The petitioner herein is defendant in the Civil suit (CS No. 7945/2016) instituted by the respondent (the plaintiff), it having been amended and presently pending on the file of Additional District Judge (South East) for reliefs in the nature of declaration of the plaintiff to be the owner of the subject property it having been described as shop No. 101, First floor in CSC at Chittranjan Park, Market No.II, New Delhi, recovery of possession thereof and cancellation of agreement to sell dated 21.11.2006 registered with Sub Registrar besides permanent injunction against its sale, alienation, dispossession or creation of third party interest and damages @ Rs. 25,000/- per month.

(2.) The plaintiff and the defendant (the petitioner) are sister and brother to each other. It is noted that the plaintiff's case is that both parties had opened a joint bank account in ING Vyasa Bank, Panchsheel Park Branch, New Delhi on 25.07.2006 from which the defendant had made an unauthorized withdrawal of Rs. 9,00,000/-, he having availed the said amount to purchase the afore-mentioned property in his name. It appears from the plaint that though the factum of acquisition of the property came to the knowledge of the plaintiff in December, 2012, the fact that the defendant had made an unauthorized withdrawal of money from the joint account to indulge in such transaction came to the knowledge of the plaintiff only in last week of December, 2014 when statement of account of the said bank came in her hands.

(3.) The defendant (the petitioner) had moved an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) before the trial court seeking rejection of the plaint on the ground that it did not disclose any cause of action. The said application was dismissed by the Additional District Judge by order dated 28.04.2017 which is sought to be impugned by the petition at hand.