IN THE COURT OF Name of the presiding judge, LD. ARC/ACJ/CCJ, PATIALA HOUSE COURTS, NEW DELHI
CS/Suit number/Year of filing of the suit
IN THE MATTER OF :-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
N.D.O.H.: Next date of hearing
INDEX
| S.NO. | PARTICULARS | PAGE(S) |
|---|
| 1. | WRITTEN STATEMENT ON BEHALF OF THE DEFENDANTS NO. 1 AND 2, ALONG WITH AFFIDAVITS. | |
| 2. | REPLY ON BEHALF OF THE DEFENDANTS NO. 1 AND 2 TO THE APPLICATION UNDER ORDER 39 RULES 1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE FILED BY THE PLAINTIFF, ALONG WITH AFFIDAVITS. | |
DEFENDANTS NO. 1 & 2
NEW DELHI
DATEDTHROUGH
Advocate's name--------------------------
ADVOCATE
Ch. Advocate's chamber number
Mob. No. Advocate's mobile number
Email:
IN THE COURT OF Name of the presiding judge, LD. ARC/CCJ, PATIALA HOUSE COURTS, NEW DELHI
CS/Suit number/Year of filing of the suit
IN THE MATTER OF :-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
N.D.O.H.: Next date of hearing
WRITTEN STATEMENT ON BEHALF OF THE DEFENDANTS NO. 1 AND 2 TO THE SUIT FOR PERMANENT AND MANDATORY INJUNCTION FILED BY THE PLAINTIFF.
MOST RESPECTFULLY SHOWETH :-
That the instant written statement is founded upon the limited information furnished by the plaintiff in the aforesaid suit. Before rebutting the contents of the plaint, the answering defendants no. 1 and 2 crave leave to place on record certain preliminary submissions/objections and material facts, which are stated without prejudice to their rights and contentions, but which go to the root of the matter and require to be decided by this Hon'ble Court before adjudication of the suit. The said submissions/objections and facts, stated hereinafter for the consideration of the Hon'ble Court for proper determination of the issues involved, would demonstrate that the said suit is wholly irrational and baseless, and is therefore frivolous and vexatious, both in law and in fact.
PRELIMINARY OBJECTIONS:-
1.That the defendants no. 1 and 2 are peace-loving and law-abiding citizens of India and are the sisters of the plaintiff. It is stated that the present suit is false, frivolous, fabricated and vexatious, and constitutes an abuse of the process of law, the plaintiff having resorted to falsehood and fraud. A bare perusal of the plaint clearly reveals that the plaintiff has got the same filed with ulterior motives and mala fide and wrongful intentions, merely to drag the answering defendants (hereinafter referred to as the "Defendants") into unnecessary and frivolous litigation and to otherwise prejudice the Defendants.
2.That the plaintiff has deliberately and mischievously withheld material facts and has instead sought to file the present suit on a baseless and concocted story with a view to harass the Defendants. Had the plaintiff been aware of the ground situation prevailing, she would herself have appreciated the entire scenario and would thereupon have been persuaded by good sense.
3.That the allegations made in the plaint are vague and devoid of any specificity. Further, the allegations raised in the plaint stand conclusively rebutted by the submissions made in the present written statement, coupled with the fact that the plaintiff has failed to establish her case. The said allegations being vague and baseless, the plaint is frivolous, vexatious and a gross abuse of the due process of law.
4.That the present suit has not been properly valued for the purposes of court fees and jurisdiction and is, therefore, liable to be rejected outright. There is absolutely no cause of action in favour of the plaintiff and against the defendants.
5.At the outset, the answering defendants deny and dispute all the contentions, claims, demands, allegations, averments, imputations and insinuations of the plaintiff, save and except what are matters of record and what have been specifically admitted herein. The suit is wholly frivolous and contrary to well-settled law and binding judicial precedents.
6.That the plaintiff has not approached this Hon'ble Court with clean hands, and as such, the aforesaid suit is liable to be dismissed on this ground alone.
7.That there is no cause of action arising against the answering defendants, and the present suit is liable to be rejected in view of the provisions of Order VII Rule XI C.P.C.
8.That the present suit is false, malicious, incorrect and mala fide, and is nothing but an abuse of the process of law. It wastes the precious time of this Hon'ble Court and has been filed merely to derive undue advantage; as such, the present suit is liable to be dismissed.
9.That the plaintiff has no cause of action against the answering defendants, and the suit filed by the plaintiff is wholly misconceived, baseless and frivolous, and is not maintainable in law.
REPLY ON MERITS :-
1.That, in reply to paragraph 1 of the plaint, the contents thereof are a matter of record and hence need no reply. The answering defendants crave leave to refer to the submissions made hereinabove, which are not reproduced herein for the sake of brevity.
2.That, in reply to paragraph 2 of the plaint, the contents thereof are a matter of record and hence need no reply. The answering defendants crave leave to refer to the submissions made hereinabove, which are not reproduced herein for the sake of brevity.
3.That, in reply to paragraph 3 of the plaint, the contents thereof are a matter of record and hence need no reply. The answering defendants crave leave to refer to the submissions made hereinabove, which are not reproduced herein for the sake of brevity.
4.That, in reply to paragraph 4 of the plaint, the contents thereof are a matter of want of knowledge and are hence denied. The answering defendants crave leave to refer to the submissions made hereinabove, which are not reproduced herein for the sake of brevity.
5.That, in reply to paragraph 5 of the plaint, the contents thereof are wrong and denied. It is denied that the plaintiff has suffered several hardships at the hands of the defendants no. 1 and 2, who have allegedly been a constant source of torture and mental harassment. The answering defendants crave leave to refer to the submissions made hereinabove, which are not reproduced herein for the sake of brevity.
6.That, in reply to paragraph 6 of the plaint, the contents thereof are wrong and denied. It is denied that defendant no. 1, owing to matrimonial discord with her in-laws, left the matrimonial home along with her husband Defendant 1's husband's name and started residing in rented accommodation in the same locality as the parents of the plaintiff. The answering defendants crave leave to refer to the submissions made hereinabove, which are not reproduced herein for the sake of brevity.
7.That, in reply to paragraph 7 of the plaint, the contents thereof are wrong and denied. The answering defendants crave leave to refer to the submissions made hereinabove, which are not reproduced herein for the sake of brevity.
8.That, in reply to paragraph 8 of the plaint, the contents thereof are wrong and denied. It is denied that the plaintiff purchased house no. House number of plaintiff's property, FF, Colony of plaintiff's property, New Delhi, and that defendant no. 1, in order to keep a close watch on the family assets and to interfere completely in family affairs, also purchased her own residence bearing no. House number of defendant 1's residence, Floor of defendant 1's residence Floor. The answering defendants crave leave to refer to the submissions made hereinabove, which are not reproduced herein for the sake of brevity.
9.That, in reply to paragraph 9 of the plaint, the contents thereof are wrong and incorrect. The answering defendants crave leave to refer to the submissions made hereinabove, which are not reproduced herein for the sake of brevity.
10.That, in reply to paragraph 10 of the plaint, the contents thereof are wrong and denied. It is denied that in Year in which the plaintiff returned with his children the plaintiff returned with his children, and that the persons named therein thereafter created numerous disputes in the family, to the extent of abusing and even lodging a complaint in Year in which the complaint was lodged. The answering defendants crave leave to refer to the submissions made hereinabove, which are not reproduced herein for the sake of brevity.
11.That the contents of paragraph 11 of the plaint are wrong and are denied. It is specifically denied that in Year of house warming, as a family gesture, the entire family attended the house-warming ceremony at Venue of house warming, and that the mother, realising her mistake, thereafter began to maintain cordial relations with the plaintiff and his wife. For the sake of brevity, the answering defendants crave leave to refer to and rely upon the submissions made hereinabove, which are not reproduced herein.
12.That the contents of paragraph 12 of the plaint are wrong and are denied. It is specifically denied that, on account of her failing health in her last days, the mother of the plaintiff wished to stay with the plaintiff and his wife, and that the plaintiff and his children shifted to the present residence address in Year of shifting to present residence. For the sake of brevity, the answering defendants crave leave to refer to and rely upon the submissions made hereinabove, which are not reproduced herein.
13.That the contents of paragraph 13 of the plaint are wrong and are denied. It is specifically denied that, due to a severe brain stroke in 2021, the health of the mother continued to deteriorate and that she made the plaintiff in charge of meeting all expenses and attending to other property-related matters. For the sake of brevity, the answering defendants crave leave to refer to and rely upon the submissions made hereinabove, which are not reproduced herein.
14.That the contents of paragraph 14 of the plaint are wrong and are denied. It is, however, not denied that the mother of the plaintiff expired. It is denied that after her demise, defendant Nos. 1 and 2 have made the life of the plaintiff miserable; that defendant Nos. 1 and 2 create hue and cry in the house with respect to the property and desire that the plaintiff relinquish his share in the property for a meagre amount; and that, without informing the plaintiff, defendant Nos. 1 and 2 collected all the cash and other articles from the guest house which was being run by the plaintiff during the lifetime of the mother of the plaintiff and left the said guest house. For the sake of brevity, the answering defendants crave leave to refer to and rely upon the submissions made hereinabove, which are not reproduced herein.
15.That the contents of paragraph 15 of the plaint are wrong and are denied. It is specifically denied that the facts and circumstances necessitating the present suit are that the mother and father of the plaintiff died intestate, and that defendant Nos. 1 and 2, in collusion with defendant Nos. 3 to 5, attempted to withdraw cash and gold jewellery amounting to more than ₹Amount of cash and jewellery withdrawn (₹) from the bank account of the mother of the plaintiff. For the sake of brevity, the answering defendants crave leave to refer to and rely upon the submissions made hereinabove, which are not reproduced herein.
16.That the contents of paragraph 16 of the plaint are wrong and are denied. It is denied that any cause of action arose in favour of the plaintiff and against the defendants on the occasions alleged. It is specifically denied that the cause of action initially arose when the plaintiff made complaints in the year 2014, or when the plaintiff and the family came together in 2017, or when the mother of the plaintiff fell ill in Year mother got ill and expired in Year mother expired. It is further denied that the cause of action arose, and still persists, on account of defendant No. 1, who is herself an official of HDFC Bank, attempting to circumvent the banking laws and, in the absence of any lawful will, seeking to take away the cash and jewellery lying in the bank accounts and locker of the mother of the plaintiff. It is denied that the cause of action in favour of the plaintiff and against the defendants is a continuing cause of action and still subsists. For the sake of brevity, the answering defendants crave leave to refer to and rely upon the submissions made hereinabove, which are not reproduced herein.
17.That the contents of paragraph 17 of the plaint are wrong and are denied.
18.That the contents of paragraph 18 of the plaint are wrong and incorrect, and are accordingly denied. It is, however, submitted that the suit has not been properly valued for the purposes of court fee and jurisdiction, and the same is liable to be dismissed on this ground alone. For the sake of brevity, the answering defendants crave leave to refer to and rely upon the submissions made hereinabove, which are not reproduced herein.
It is respectfully submitted that the present suit is absolutely false, frivolous, baseless, misconceived and vexatious, to the knowledge of the plaintiff himself, besides being unsustainable in law, and is therefore liable to be dismissed with compensatory costs.
The paragraphs of the prayer clause of the plaint, along with the sub-paragraphs thereof, are absolutely wrong and are specifically denied. The plaintiff is not entitled to any of the reliefs claimed.
P R A Y E R
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly dismiss the plaint of the plaintiff with heavy costs in favour of the answering defendants and against the plaintiff, for having instituted the present frivolous litigation, in the interest of justice, equity and the circumstances of the case.
Any other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the answering defendants.
It is prayed accordingly.
DEFENDANTS NOS. 1 & 2
NEW DELHI
DATEDTHROUGH
ADVOCATE
Chamber No. Advocate's chamber number
Mobile No. Advocate's mobile number
Email: Advocate's email address
VERIFICATION :-
Verified at Delhi on this Date of verification day of June, 2023, that the facts stated in paragraphs 1 to Last paragraph number of preliminary objections of the preliminary objections/submissions, and in paragraphs 1 to 18 of the reply on merits and reply to the grounds, are true and correct to my knowledge, and the legal submissions made therein are believed to be true upon legal advice. The last paragraph is a prayer to this Hon'ble Court.
DEFENDANTS NOS. 1 & 2
IN THE COURT OF MS. SWATI GUPTA, Ld. ARC/ACJ/CCJ, PATIALA HOUSE COURTS, NEW DELHI
CS/Suit number/2022
IN THE MATTER OF :-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
A F F I D A V I T
Affidavit of Smt. Defendant 1's name, aged about Defendant 1's age years, W/o Defendant 1's husband's name, R/o Defendant 1's address, PIN Deponent's address PIN, do hereby solemnly affirm and declare as under :-
1.That I am defendant No. 1 in the above-noted matter; I am well conversant with the facts of the case and am competent to swear the present affidavit.
2.That the submissions on facts made in the accompanying written statement to the plaint/suit have been drafted by my counsel under my instructions; the same have been read over and explained to me in my vernacular, and the same may be read as part and parcel of this affidavit, and are not reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Date of verification day of June, 2023, that the contents of the above affidavit are true and correct to my knowledge, no part thereof is false, and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF MS. SWATI GUPTA, Ld. ARC/ACJ/CCJ, PATIALA HOUSE COURTS, NEW DELHI
CS/Suit number/2022
IN THE MATTER OF :-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
A F F I D A V I T
Affidavit of Smt. Defendant 2's name, aged about Defendant 2's age years, W/o Sh. Defendant 2's husband's name, R/o Defendant 2's address, PIN Deponent's address PIN, do hereby solemnly affirm and declare as under :-
1.That I am defendant No. 2 in the above-noted matter; I am well conversant with the facts of the case and am competent to swear the present affidavit.
2.That the submissions on facts made in the accompanying written statement to the plaint/suit have been drafted by my counsel under my instructions; the same have been read over and explained to me in my vernacular, and the same may be read as part and parcel of this affidavit, and are not reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Date of verification day of June, 2023, that the contents of the above affidavit are true and correct to my knowledge and belief, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF MS. SWATI GUPTA, LD. ARC/ACJ/CCJ, PATIALA HOUSE COURTS, NEW DELHI
CS/Suit number/2022
IN THE MATTER OF :-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
REPLY ON BEHALF OF DEFENDANTS NO. 1 AND 2 TO THE APPLICATION UNDER ORDER 39 RULES 1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE FILED BY THE PLAINTIFF
MOST RESPECTFULLY SHOWETH :-
PRELIMINARY OBJECTIONS :-
1.That the present application is liable to be dismissed, as the relief claimed in the plaint and the relief claimed in the application under reply are one and the same, and if the relief sought in the present application is granted, it would amount to decreeing the suit at the interlocutory stage.
2.That the application under reply, as framed, is not maintainable, as it lacks the essential ingredients for the filing of such an application, namely averments showing that the plaintiff will suffer irreparable loss in the event of the relief claimed in the application under reply being refused.
REPLY ON MERITS :-
1-2. That the contents of paragraphs 1 to 2 of the application are matters of record and require no reply. However, the answering defendants have filed their detailed written statement, the contents whereof are true and correct to the knowledge of the defendants. The said written statement may kindly be read as an integral part of this reply, as its contents are not being reproduced herein for the sake of brevity.
3.That the contents of paragraph 3 of the application are wrong and are denied. It is denied that the plaintiff has a good prima facie case in her favour, or that there is every likelihood of her succeeding in the accompanying suit. The plaintiff has no case at all, much less a good prima facie case. However, the answering defendants have filed their detailed written statement, the contents whereof are true and correct to the knowledge of the defendants. The said written statement may kindly be read as an integral part of this reply, as its contents are not being reproduced herein for the sake of brevity.
4.That the contents of paragraph 4 of the application are wrong and are denied. It is denied that, if the plaintiff's application is not allowed, the defendants, acting with mala fide and nefarious motive and design, would cause the plaintiff irreparable loss and injury which cannot be compensated in terms of money. However, the answering defendants have filed their detailed written statement, the contents whereof are true and correct to the knowledge of the defendants. The said written statement may kindly be read as an integral part of this reply, as its contents are not being reproduced herein for the sake of brevity.
5.That the contents of paragraph 5 of the application are wrong and are denied. It is denied that the balance of convenience lies in favour of the plaintiff and against the defendants. However, the answering defendants have filed their detailed written statement, the contents whereof are true and correct to the knowledge of the defendants. The said written statement may kindly be read as an integral part of this reply, as its contents are not being reproduced herein for the sake of brevity.
6.That the contents of paragraph 6 of the application are wrong and are denied. It is denied that the plaintiff would suffer irreparable loss and injury if an ad-interim injunction order is not passed in her favour and against the defendants. However, the answering defendants have filed their detailed written statement, the contents whereof are true and correct to the knowledge of the defendants. The said written statement may kindly be read as an integral part of this reply, as its contents are not being reproduced herein for the sake of brevity.
That the prayer clauses of the application are redundant and irrelevant to the subject suit, as explained hereinabove, and are therefore denied in their entirety. The plaintiff is not entitled to any of the reliefs claimed.
P R A Y E R :-
It is, therefore, most respectfully prayed that the plaintiff's application may kindly be dismissed with heavy costs in favour of the answering defendants and against the plaintiff, for dragging the answering defendants into frivolous litigation, in the interest of justice, equity and the circumstances of the case.
That such further order or orders may be passed as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in favour of the answering defendants, in the interest of justice.
It is prayed accordingly.
DELHIDEFENDANTS NO. 1 & 2
DATEDTHROUGH
Advocate's name-----------------------------
Advocate's name
ADVOCATE
Ch. Advocate's chamber number
Mob. No. Advocate's mobile number
Email: Advocate's email address
IN THE COURT OF MS. SWATI GUPTA, LD. ARC/ACJ/CCJ, PATIALA HOUSE COURTS, NEW DELHI
CS/Suit number/2022
IN THE MATTER OF :-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
AFFIDAVIT
Affidavit of Mrs. Defendant 1's name, aged about Defendant 1's age years, W/o Defendant 1's husband's name, R/o Defendant 1's address, Deponent's address PIN, who do hereby solemnly affirm and declare as under :-
1.That I am defendant No. 1 in the above-noted matter, am well conversant with the facts of the case, and am competent to swear the present affidavit.
2.That the contents of the accompanying reply to the application under Order 39 Rules 1 & 2 of the Code of Civil Procedure have been drafted by my counsel under my instructions, and have been read over and explained to me in my vernacular. The same may be read as part and parcel of this affidavit, as they are not reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Date of verification day of June, 2023, that the contents of the above affidavit are true and correct to my knowledge and belief, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF MS. SWATI GUPTA, LD. ARC/ACJ/CCJ, PATIALA HOUSE COURTS, NEW DELHI
CS/Suit number/2022
IN THE MATTER OF :-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
AFFIDAVIT
Affidavit of Mrs. Defendant 2's name, aged about Defendant 2's age years, W/o Defendant 2's husband's name, R/o Defendant 2's address, Deponent's address PIN, who do hereby solemnly affirm and declare as under :-
1.That I am defendant No. 2 in the above-noted matter, am well conversant with the facts of the case, and am competent to swear the present affidavit.
2.That the contents of the accompanying reply to the application under Order 39 Rules 1 & 2 of the Code of Civil Procedure have been drafted by my counsel under my instructions, and have been read over and explained to me in my vernacular. The same may be read as part and parcel of this affidavit, as they are not reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Date of verification day of June, 2023, that the contents of the above affidavit are true and correct to my knowledge and belief, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF MS. SWATI GUPTA, LD. ARC/ACJ/CCJ, PATIALA HOUSE COURTS, NEW DELHI
CS/Suit number/2022
IN THE MATTER OF :-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
N.D.O.H.: Next date of hearing
INDEX
| S.NO. | PARTICULARS | PAGE(S) |
|---|
| 1. | WRITTEN STATEMENT ON BEHALF OF DEFENDANTS NO. 1 AND 2, ALONG WITH AFFIDAVITS. | |
| 2. | REPLY ON BEHALF OF DEFENDANTS NO. 1 AND 2 TO THE APPLICATION UNDER ORDER 39 RULES 1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE FILED BY THE PLAINTIFF, ALONG WITH AFFIDAVITS. | |
DEFENDANTS NO. 1 & 2
NEW DELHI
DATEDTHROUGH
Advocate's name--------------------------
ADVOCATE
Ch. Advocate's chamber number
Mob. No. Advocate's mobile number
Email:
IN THE COURT OF Name of the court before which the suit is filed.
CS/Suit number/Year of institution of the suit.
IN THE MATTER OF :-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
N.D.O.H.: Date given as next date of hearing
WRITTEN STATEMENT ON BEHALF OF THE DEFENDANTS NO. 1 AND 2 TO THE SUIT FOR PERMANENT AND MANDATORY INJUNCTION FILED BY THE PLAINTIFF.
MOST RESPECTFULLY SHOWETH :-
That the instant written statement is based on the limited information made available by the plaintiff in the aforesaid suit. Before rebutting the contents of the suit, the answering defendants no. 1 and 2 crave leave to place on record certain preliminary submissions/objections and material facts, which are without prejudice to their rights and contentions but which go to the root of the matter and require to be decided by this Hon'ble Court before adjudication of the controversy. The said submissions/objections and facts, stated hereinafter for the consideration of the Hon'ble Court for proper determination of the issues involved, would demonstrate that the said suit is wholly irrational and baseless, and is therefore frivolous and vexatious, both in law and in fact.
PRELIMINARY OBJECTIONS:-
1.That the defendants no. 1 and 2 are peace-loving and law-abiding citizens of India and are the sisters of the plaintiff. It is stated that the present suit is false, frivolous, fabricated and vexatious, and constitutes an abuse of the process of law, the plaintiff having resorted to falsehood and fraud. A bare perusal of the present suit clearly reveals that the plaintiff has had the same filed with ulterior motives and with mala fide and wrongful intentions, merely to drag the answering defendants (hereinafter referred to as the "Defendants") into unwanted and frivolous litigation and to otherwise prejudice the Defendants.
2.That the plaintiff has deliberately and mischievously withheld material facts and has instead sought to file the present suit on a baseless and concocted story with an attempt to harass the Defendants. Had the plaintiff been aware of the ground situation prevailing, she would herself have understood the entire scenario and would have endeavoured to persuade the parties so that good sense prevailed upon her.
3.That the allegations contained in the plaint under reply are vague and devoid of specificity; the said allegations are conclusively rebutted by the submissions made in the present reply, coupled with the fact that the plaintiff has failed to establish her case in the plaint under reply. The said allegations being vague and baseless, the suit is frivolous, vexatious and a gross abuse of the due process of law.
4.That the present suit has not been properly valued for the purposes of court fees and jurisdiction and is therefore liable to be rejected outright. There is absolutely no cause of action in favour of the plaintiff and against the defendants.
5.At the outset, the answering defendants deny and dispute all the contentions, claims, demands, allegations, averments, imputations and insinuations of the plaintiff, save and except what are matters of record and what have been specifically admitted herein. The suit is wholly frivolous and contrary to well-settled law and binding judicial precedents.
6.That the plaintiff has not approached this Hon'ble Court with clean hands, and as such the aforesaid suit is liable to be dismissed on this ground alone.
7.That no cause of action has arisen against the answering defendants, and the present suit is liable to be rejected in view of the provisions of Order VII Rule XI C.P.C.
8.That the present suit is false, malicious, incorrect and mala fide, and is nothing but an abuse of the process of law, wasting the precious time of this Hon'ble Court, and has been filed merely to derive an undue advantage; as such, the present suit is liable to be dismissed.
9.That the plaintiff has no cause of action against the answering defendants, and the suit filed by the plaintiff is wholly misconceived, baseless and frivolous and is not maintainable in law.
REPLY ON MERITS :-
1.That in reply to paragraph 1 of the plaint, the contents thereof are a matter of record and hence need no reply. The answering defendants crave leave to refer to the submissions made hereinabove, which are not being reproduced herein for the sake of brevity.
2.That in reply to paragraph 2 of the plaint, the contents thereof are a matter of record and hence need no reply. The answering defendants crave leave to refer to the submissions made hereinabove, which are not being reproduced herein for the sake of brevity.
3.That in reply to paragraph 3 of the plaint, the contents thereof are a matter of record and hence need no reply. The answering defendants crave leave to refer to the submissions made hereinabove, which are not being reproduced herein for the sake of brevity.
4.That in reply to paragraph 4 of the plaint, the answering defendants have no knowledge of the contents thereof, and the same are denied. The answering defendants crave leave to refer to the submissions made hereinabove, which are not being reproduced herein for the sake of brevity.
5.That in reply to paragraph 5 of the plaint, the contents thereof are wrong and denied. It is denied that the plaintiff and his wife have suffered several hardships at the hands of defendants no. 1 and 2 and their husbands, who have been a constant source of torture and mental harassment. The answering defendants crave leave to refer to the submissions made hereinabove, which are not being reproduced herein for the sake of brevity.
6.That in reply to paragraph 6 of the plaint, the contents thereof are wrong and denied. It is denied that defendant no. 1, owing to matrimonial discord with her in-laws, being the elder sister of the plaintiff, left her matrimonial home along with her husband, Defendant 1's husband's name, and began residing in rented accommodation in the same locality as the parents of the plaintiff. The answering defendants crave leave to refer to the submissions made hereinabove, which are not being reproduced herein for the sake of brevity.
7.That in reply to paragraph 7 of the plaint, the contents thereof are wrong and denied. The answering defendants crave leave to refer to the submissions made hereinabove, which are not being reproduced herein for the sake of brevity.
8.That in reply to paragraph 8 of the plaint, the contents thereof are wrong and denied. It is denied that the plaintiff and the parents purchased House No. House number of plaintiff's property, First Floor, Colony of plaintiff's property, New Delhi, and that defendant no. 1, in order to keep a close watch on the family assets and to have complete interference in the family, purchased her own residence bearing No. House number of defendant 1's residence, Floor of defendant 1's residence Floor. The answering defendants crave leave to refer to the submissions made hereinabove, which are not being reproduced herein for the sake of brevity.
9.That in reply to paragraph 9 of the plaint, the contents thereof are wrong and incorrect. The answering defendants crave leave to refer to the submissions made hereinabove, which are not being reproduced herein for the sake of brevity.
10.That in reply to paragraph 10 of the plaint, the contents thereof are wrong and denied. It is denied that in the year 2009, the plaintiff along with his wife and children returned, whereupon the above-named persons started creating numerous disputes in the family, to the extent of abusing, and even lodging a complaint in the year 2014. The answering defendants crave leave to refer to the submissions made hereinabove, which are not being reproduced herein for the sake of brevity.
11.That in reply to paragraph 11 of the plaint, the contents thereof are wrong and denied. It is denied that in Year of house warming, as a family gesture, the entire family attended the house-warming ceremony at Venue of house warming and that the mother, realising her mistake, started maintaining cordial relations with the plaintiff and his wife. The answering defendants crave leave to refer to the submissions made hereinabove, which are not being reproduced herein for the sake of brevity.
12.That in reply to paragraph 12 of the plaint, the averments made therein are wrong and are denied. It is denied that the mother of the Plaintiff's name, on account of the condition of her health during her last days, wished to stay with the Plaintiff's name and his wife and children, and that they shifted to the present address of residence in Year of shifting to present residence. The answering defendants crave leave to refer to and rely upon the submissions made hereinabove, which are not reproduced herein for the sake of brevity.
13.That in reply to paragraph 13 of the plaint, the averments made therein are wrong and are denied. It is denied that, owing to a severe brain stroke suffered in 2021, the health of the mother continued to deteriorate, and that the mother appointed the Plaintiff's name as in-charge of looking after all expenses and other property-related matters. The answering defendants crave leave to refer to and rely upon the submissions made hereinabove, which are not reproduced herein for the sake of brevity.
14.That in reply to paragraph 14 of the plaint, the averments made therein are wrong and are denied. It is denied that, after the expiry of the mother of the Plaintiff's name, defendants no. 1 and 2 set out to make the life of the Plaintiff's name miserable, wherein defendants no. 1 and 2 raised frequent disputes in the house with respect to the property, and that they wanted the Plaintiff's name to relinquish his share in the property, accept a meagre amount, and vacate the same. It is further denied that, in respect of the guest house being run by the Plaintiff's name during the lifetime of the mother of the Plaintiff's name, defendants no. 1 and 2, without informing the Plaintiff's name, collected all the cash and other related articles and abandoned the said guest house. The answering defendants crave leave to refer to and rely upon the submissions made hereinabove, which are not reproduced herein for the sake of brevity.
15.That in reply to paragraph 15 of the plaint, the averments made therein are wrong and are denied. It is denied that the facts and circumstances necessitating the institution of the present suit are that the mother and father of the Plaintiff's name died intestate, and that defendants no. 1 and 2, acting in concert with defendants no. 3 to 5, attempted to withdraw all the cash and gold jewellery, amounting to more than ₹Amount of cash and jewellery withdrawn (₹), from the bank accounts of the mother of the Plaintiff's name. The answering defendants crave leave to refer to and rely upon the submissions made hereinabove, which are not reproduced herein for the sake of brevity.
16.That in reply to paragraph 16 of the plaint, the averments made therein are wrong and are denied. It is denied that the cause of action arose in favour of the Plaintiff's name and against the defendants on various occasions. It is further denied that the cause of action initially arose when the Plaintiff's name made complaints in the year 2014. It is further denied that it arose when the Plaintiff's name and his family came together in 2017. It is further denied that it arose when the mother of the Plaintiff's name was taken ill in Year mother got ill and expired in Year mother expired. It is further denied that the cause of action arose, and continues to subsist, on account of defendant no. 1, who is herself an official of HDFC Bank, attempting to circumvent the banking laws and, in the absence of any lawful will, attempting to appropriate all the cash and jewellery lying in the bank accounts and locker of the mother of the Plaintiff's name. It is further denied that the cause of action in favour of the Plaintiff's name and against the defendants is a continuing cause of action and still subsists. The answering defendants crave leave to refer to and rely upon the submissions made hereinabove, which are not reproduced herein for the sake of brevity.
17.That in reply to paragraph 17 of the plaint, the averments made therein are wrong and are denied.
18.That the contents of paragraph 18 of the plaint are wrong and incorrect, and are therefore denied. It is, however, submitted that the suit has not been properly valued for the purposes of court fee and jurisdiction, and the same is liable to be dismissed on this ground alone. The answering defendants crave leave to refer to and rely upon the submissions made hereinabove, which are not reproduced herein for the sake of brevity.
It is most respectfully submitted that the present suit is absolutely false, frivolous, baseless, misconceived and vexatious, even to the knowledge of the Plaintiff's name himself, besides being unsustainable in law, and the same is therefore liable to be dismissed with compensatory costs.
The paragraphs of the prayer clause of the plaint, along with the sub-paragraphs thereof, are absolutely wrong and are specifically denied. The Plaintiff's name is not entitled to any of the reliefs claimed.
P R A Y E R
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly dismiss the plaint of the Plaintiff's name with heavy costs in favour of the defendants and against the Plaintiff's name for instituting the present frivolous litigation, in the interest of justice, equity and in the circumstances of the case.
Any other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the defendants.
It is prayed accordingly.
DEFENDANTS NO. 1 & 2
NEW DELHI
DATEDTHROUGH
ADVOCATE
Chamber No. Advocate's chamber number
Mobile No. Advocate's mobile number
Email:
VERIFICATION
Verified at Delhi on this Date of verification day of June, 2023, that the facts stated in paragraphs 1 to ….. of the preliminary objections/submissions, and in paragraphs 1 to 18 of the reply on merits and the reply to the grounds, are true and correct to my knowledge, and the legal submissions made therein are believed to be true upon legal advice. The last paragraph is a prayer to this Hon'ble Court.
DEFENDANTS NO. 1 & 2
IN THE COURT OF MS. SWATI GUPTA; LD. ARC/ACJ/CCJ; PATIALA HOUSE COURTS, NEW DELHI
CS/Suit number/2022
IN THE MATTER OF :-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
A F F I D A V I T
Affidavit of Mrs. Defendant 1's name, aged about Defendant 1's age years, W/o Defendant 1's husband's name, R/o Defendant 1's address, Deponent's address PIN, do hereby solemnly affirm and declare as under:-
1.That I am defendant no. 1 in the above-noted matter, am well conversant with the facts of the case, and am competent to swear the present affidavit.
2.That the submissions as to facts made in the accompanying written statement to the plaint/suit have been drafted by my counsel under my instructions, and the same have been read over and explained to me in my vernacular, and the same may be read as part and parcel of this affidavit, and are not reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION
Verified at Delhi on this Date of verification day of June, 2023, that the contents of the above affidavit are true and correct to my knowledge, no part thereof is false, and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF MS. SWATI GUPTA; LD. ARC/ACJ/CCJ; PATIALA HOUSE COURTS, NEW DELHI
CS/Suit number/2022
IN THE MATTER OF :-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
A F F I D A V I T
Affidavit of Mrs. Defendant 2's name, aged about Defendant 2's age years, W/o Sh. Defendant 2's husband's name, R/o Defendant 2's address, Deponent's address PIN, do hereby solemnly affirm and declare as under:-
1.That I am defendant no. 2 in the above-noted matter, am well conversant with the facts of the case, and am competent to swear the present affidavit.
2.That the submissions as to facts made in the accompanying written statement to the plaint/suit have been drafted by my counsel under my instructions, and the same have been read over and explained to me in my vernacular, and the same may be read as part and parcel of this affidavit, and are not reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION
Verified at Delhi on this Date of verification day of June, 2023, that the contents of the above affidavit are true and correct to my knowledge, no part thereof is false, and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF MS. SWATI GUPTA; LD. ARC/ACJ/CCJ; PATIALA HOUSE COURTS, NEW DELHI
CS/Suit number/2022
IN THE COURT OF Name of the court before which the suit is filed
CS/Suit number/2022
IN THE MATTER OF :-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
REPLY ON BEHALF OF THE DEFENDANTS NO. 1 AND 2 TO THE APPLICATION UNDER ORDER 39 RULES 1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 FILED BY THE PLAINTIFF
MOST RESPECTFULLY SHOWETH :-
PRELIMINARY OBJECTIONS :-
1.That the present application is liable to be dismissed, inasmuch as the relief claimed in the plaint and the relief claimed in the application under reply are one and the same, and if the relief sought in the present application were granted, it would amount to decreeing the suit itself at an interlocutory stage.
2.That the application under reply, as framed, is not maintainable, as it lacks the essential ingredients for the grant of an interim injunction, namely specific averments demonstrating that the plaintiff would suffer irreparable loss in the event the relief claimed in the application under reply is not granted.
REPLY ON MERITS :-
1-2. That the contents of paragraphs 1 to 2 of the application are matters of record and require no reply. However, the answering defendants have filed their detailed written statement, the contents whereof are true and correct to the knowledge of the defendants. The said written statement may kindly be read as an integral part of this reply, its contents not being reproduced herein for the sake of brevity.
3.That the contents of paragraph 3 of the application are wrong and are denied. It is denied that the plaintiff has a good prima facie case in her favour or that there is every likelihood of her succeeding in the accompanying suit. The plaintiff has no case at all, much less a good prima facie case. However, the answering defendants have filed their detailed written statement, the contents whereof are true and correct to the knowledge of the defendants. The said written statement may kindly be read as an integral part of this reply, its contents not being reproduced herein for the sake of brevity.
4.That the contents of paragraph 4 of the application are wrong and are denied. It is denied that, if the application of the plaintiff is not allowed, the plaintiff shall suffer an irreparable loss and injury on account of any mala fide or nefarious motive or design of the defendants, which cannot be compensated in terms of money. However, the answering defendants have filed their detailed written statement, the contents whereof are true and correct to the knowledge of the defendants. The said written statement may kindly be read as an integral part of this reply, its contents not being reproduced herein for the sake of brevity.
5.That the contents of paragraph 5 of the application are wrong and are denied. It is denied that the balance of convenience lies in favour of the plaintiff and against the defendants. However, the answering defendants have filed their detailed written statement, the contents whereof are true and correct to the knowledge of the defendants. The said written statement may kindly be read as an integral part of this reply, its contents not being reproduced herein for the sake of brevity.
6.That the contents of paragraph 6 of the application are wrong and are denied. It is denied that the plaintiff would suffer any irreparable loss and injury if an ad-interim order of injunction is not passed in her favour and against the defendants. However, the answering defendants have filed their detailed written statement, the contents whereof are true and correct to the knowledge of the defendants. The said written statement may kindly be read as an integral part of this reply, its contents not being reproduced herein for the sake of brevity.
That the prayer clauses of the application are redundant and irrelevant to the subject suit, as explained hereinabove, and are accordingly denied in their entirety. The plaintiff is not entitled to any of the reliefs claimed.
P R A Y E R :-
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly dismiss the application of the plaintiff with heavy costs in favour of the answering defendants and against the plaintiff, for having dragged the answering defendants into frivolous litigation, in the interest of justice, equity and in the circumstances of the case.
Pass such further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, and which may be passed in favour of the answering defendants, in the interest of justice.
It is prayed accordingly.
Place of signing of the replyDEFENDANTS NO. 1 & 2
Date of signing of the replyTHROUGH
Advocate's name
Advocate's name
ADVOCATE
Ch. Advocate's chamber number
Mob. No. Advocate's mobile number
Email: Advocate's email address
IN THE COURT OF Name of the court before which the suit is filed
CS/Suit number/2022
IN THE MATTER OF :-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
AFFIDAVIT
Affidavit of Mrs. Defendant 1's name, aged about Defendant 1's age years, W/o Defendant 1's husband's name, R/o Defendant 1's address, Deponent's address PIN, do hereby solemnly affirm and declare as under :-
1.That I am the Defendant No. 1 in the above-noted matter; I am well conversant with the facts of the case and am competent to swear the present affidavit.
2.That the contents of the accompanying reply to the application under Order 39 Rules 1 & 2 of the Code of Civil Procedure, 1908 have been drafted by my counsel under my instructions, and the same have been read over and explained to me in my vernacular. The said reply may be read as part and parcel of this affidavit, its contents not being reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION :-
Verified at Place of verification on this Date of verification that the contents of the above affidavit are true and correct to my knowledge; no part of thereof is false and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF Name of the court before which the suit is filed
CS/Suit number/2022
IN THE MATTER OF :-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
AFFIDAVIT
Affidavit of Mrs. Defendant 2's name, aged about Defendant 2's age years, W/o Defendant 2's husband's name, R/o Defendant 2's address, Deponent's address PIN, do hereby solemnly affirm and declare as under :-
1.That I am the Defendant No. 2 in the above-noted matter; I am well conversant with the facts of the case and am competent to swear the present affidavit.
2.That the contents of the accompanying reply to the application under Order 39 Rules 1 & 2 of the Code of Civil Procedure, 1908 have been drafted by my counsel under my instructions, and the same have been read over and explained to me in my vernacular. The said reply may be read as part and parcel of this affidavit, its contents not being reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION :-
Verified at Place of verification on this Date of verification that the contents of the above affidavit are true and correct to my knowledge; no part of thereof is false and nothing material has been concealed therefrom.
DEPONENT