IN THE COURT OF MS. SWATI GUPTA; LD.ARC/ACJ /CCJ; PATIALA HOUSE COURTS, NEW DELHI.

 

CS/’_____/2022.

 

IN THE MATTER OF :-

____________                                                      : PLAINTIFF

VERSUS

____________                                   : DEFENDANTS

N.D.O.H.: …...2023

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      

DATED:                         THROUGH

________________--------------------------

ADVOCATE

Ch. ________________

Mob.No.________________

Email: ________________

IN THE COURT OF MS. SWATI GUPTA; LD.ARC/ /CCJ; PATIALA HOUSE COURTS, NEW DELHI.

 

CS/____/2022.

 

IN THE MATTER OF :-

______________                                                   : PLAINTIFF

VERSUS

_____________________                           : DEFENDANTS

N.D.O.H.: …...2023

 

WRITTEN STATEMENT AND ON BEHALF OF THE DEFENDANTS NO.1 AND 2 TO THE SUIT FOR PERMANENT AND MANDATORY INUNCTION FILED BY THE PLAINITFF.

 

MOST RESPECTFULLY SHOWETH :-

 

That the instant written statement is based on the limited information provided 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 into the root of the matter, and require to be decided by this Hon’ble Court, before adjudicating upon the matter. The said submissions / objections and facts, as stated hereinafter for the consideration of the Hon’ble Court for proper determination of the issue involved, would show that the said suit is totally irrational and baseless, hence, frivolous and vexatious, both in law and fact.

 

PRELIMINARY OBJECTIONS:-

 

1.                 That the Defendant No.1 and 2 herein are peace loving and law abiding citizen of India and sisters of the plaintiff. It is stated that the present suit is false, frivolous, fabricated and vexatious. It is an abuse process of law that the plaintiff has taken recourse of falsehood and fraud. A bare perusal from the present suit clearly reveals that the plaintiff got the same filed with ulterior motives and malafide and wrong intentions just to drag the answering Defendants (hereinafter called as “Defendants”) into unwanted and frivolous litigation and to prejudice the Defendants on one hand or the other.

2.                 That the plaintiff has deliberately and mischievously withheld material facts and has instead sought to notorious filed a present suit on a baseless and concocted story with an attempt to harass the Defendants, had the Plaintiff known the ground situation prevailing her would herself had understood the whole scenario and Plaintiff must have thereon tried to persuade so the good sense would have prevailed upon her.

3.                 That the allegations in the plaint under reply are vague and devoid of any specificity, further the allegations raised in the plaint under reply 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 and the said allegations are vague and baseless resulting which the same 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 purpose of court fees and jurisdiction and is therefore liable to be rejected outrightly. 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 totally frivolous and contrary to the well-established law and binding judicial precedents.

6.                 That the plaintiff has not approached this Hon’ble Court with clean hands 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 dismissed in view of the proceedings of Order VII Rule XI C.P.C.

8.                 That the present suit is false, malicious, incorrect and malafide and is nothing but abuse of process of law and is wasting the precious time of this Hon’ble Court and has been filed just to avail 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 totally misconceived, baseless and frivolous and is not maintainable in law.

 

REPLY ON MERITS :-

1.                 That in reply to para 1 of the plaint is matter of record. Hence, need no reply. The answering defendants crave leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

2.                 That in reply to para 2 of the plaint are matter of record. Hence, need no reply. The answering defendants crave leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

3.                 That in reply to para 3 of the plaint are matter of record. Hence, need no reply. The answering defendants crave leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

4.                 That in reply to para 4 of the plaint are want of knowledge and hence, denied. The answering defendants crave leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

5.                 That in reply to para 5 of the plaint are wrong and denied. It is denied that the Plaintiff and his wife have suffered several hardships at the hands of both the Defendant 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 herein above which are not being reproduced herein for the sake of brevity.

6.                 That in reply to para 6 of the plaint are wrong and denied. It is denied that the Defendant no.1 due to matrimonial discord with the in laws the Defendant no.1 elder sister along with her husband Manoj Kothari left the matrimonial house and started staying on the rented accommodation in the same locality as the parents of the Plaintiff. The answering defendants craves leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

7.                 That in reply to para 7 of the plaint are wrong and denied. The answering defendants crave leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

8.                 That in reply to para 8 of the plaint are wrong and denied. It is denied that the Plaintiff and the parents bought Ho. No._____ FF ______, New Delhi and the Defendant no.1 also in order have a close watch on the family assets and have complete interference in the family bought her own residence also having no.____ Floor ________. The answering defendants crave leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

9.                 That in reply to para 9 of the plaint are wrong and incorrect. The answering defendants crave leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

10.             That in reply to para 10 of the plaint are wrong and denied. It is denied that in 2009 the Plaintiff along with his wife returned with children the above named started to create a lot of dispute in family to the extent of abusing and even a complaint in 2014. The answering defendants craves leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

11.             That in reply to para 11 of the plaint are wrong and denied. It is denied that in _____ as a family gesture the complete family attended the house warming at ______ and the mother realizing her mistake started to maintain a cordial relation with the Plaintiff and his wife. The answering defendants craves leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

12.             That in reply to para 12 of the plaint are wrong and denied. It is denied that the mother of the Plaintiff on instance of her health condition in her last days wanted to stay with the Plaintiff and his wife and kids shifted to the present residence address in _____. The answering defendants craves leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

13.             That in reply to para 13 of the plaint are wrong and denied. It is denied that due to severe brain stroke in 2021 the health condition of mother kept on deteriorating and the mother made the Plaintiff incharge of taking care of all the expenses and other property related issues. The answering defendants craves leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

14.             That in reply to para 14 of the plaint are wrong and denied. It is not denied that mother of the Plaintiff expired and post the same Defendant no.1 and 2 have started to make the life of the Plaintiff a living hell wherein the Defendant no.1 and 2 create a lot of hue and cry in the house with respect to property and they want that the Plaintiff shall leave his share in the property an take a meager amount and leave the same and also the guest house that was being run by the Plaintiff during the lifetime of the mother of the Plaintiff the Defendant no.1 and 2 without informing the Plaintiff collected all the cash and other related things and left the said guest house. The answering defendants craves leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

15.             That in reply to para 15 of the plaint are wrong and denied. It is denied that the facts and circumstances which has necessitated the present suit is that the mother and father of the Plaintiff have died intestate and that both the Defendant no.1 and 2 being hand in gloves with the Defendant no.3 to 5 have tried to withdraw all the cash and gold jewellery being more than _____ of rupees from the bank account of the mother of the Plaintiff. The answering defendants craves leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

16.             That in reply to para 16 of the plaint are wrong and denied. It is denied that the cause of action occurred in favour of the Plaintiff and against the Defendants on various occasions. It is further denied that it initially occurred when the Plaintiff made complaints in year 2014. It is further denied that it arose when the Plaintiff and the family came together in 2017. It is further denied that it also arose when the mother of the Plaintiff got ill in __ and expired in ___. It is further denied that it also arose and still persisting when unlawfully the Defendant no.1 who herself is the bank official with HDFC Bank is trying to twist the hands of the banking laws and in the absence of any lawful will is trying to take away all the cash and jewellery lying in the bank accounts and locker of the mother of the Plaintiff. It is further denied that the cause of action in favour of the Plaintiff and against the Defendants are continuing and still subsisting. The answering defendants craves leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

 

17.             That in reply to para 17 of the plaint are wrong and denied.

18.             That the contents of para 18 of the plaint are wrong and incorrect, hence denied. However, it is submitted that the suit has not been valued properly for the purposes of court fee and jurisdiction and the same is liable to be dismissed. The answering defendants craves leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

 

It is respectfully submitted that the present suit is absolutely false, frivolous, baseless, misconceived and vexatious even to the knowledge of the plaintiff himself, besides being unsustainable in law, and therefore, the same is liable to be dismissed with compensatory costs.

 

Prayer clause paras of the plaint along with its sub paras are absolutely wrong and specifically denied. The plaintiff is not entitled for any relief claimed for.

 

P R A Y E R

          It is, therefore, most respectfully prayed that the plaint of the plaintiff may kindly be dismissed with heavy costs in favour of the defendants and against the plaintiff for filed the present frivolous litigation, in the interest of justice, equity and circumstances of the case.

 

Such other order or orders as may be deemed fit in the circumstances may also be passed.

It is prayed accordingly.

 

DEFENDANTS NO.1 & 2

NEW DELHI      

DATED:                         THROUGH

---------------------------

ADVOCATE

Ch. ________________

Mob.No._____________

Email: ______________-

VERIFICATION :-

Verified at Delhi on this ____ day of June, 2023 that the facts stated in paras 1 to ….. of the preliminary objections / submissions and in paras 1 to 18 of the reply on merits and reply of grounds are true and correct to my knowledge and legal submissions made therein are believed to be true upon advise. Last 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/_____/2022.

 

IN THE MATTER OF :-

_________________                                             : PLAINTIFF

VERSUS

__________________________                            : DEFENDANTS

A F F I D A V I T

Affidavit of Mrs. ________, aged about ___ years W/o _________, R/o __________, New Delhi-110008, do hereby solemnly affirm and declare as under :-

 

1.       That I am the defendant No.1 in the above noted matter and am well conversant with the facts of the case and am also 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 & parcel of this affidavit, which are not reproduced herein for the sake of brevity.

 

DEPONENT

VERIFICATION :-

          Verified at Delhi on this ____, day of June, 2023, that the contents of above affidavit are true and correct to my knowledge and no part of 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/____/2022.

 

IN THE MATTER OF :-

________________                                                        : PLAINTIFF

VERSUS

_______________________                                 : DEFENDANTS

A F F I D A V I T

Affidavit of Mrs. ________, aged about ___ years W/o Sh. ________, R/o ______________________, New Delhi-110008, do hereby solemnly affirm and declare as under :-

 

1.       That I am the defendant No.2 in the above noted matter and am well conversant with the facts of the case and am also 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 & parcel of this affidavit, which are not reproduced herein for the sake of brevity.

 

DEPONENT

VERIFICATION :-

          Verified at Delhi on this ____, day of June, 2023, that the contents of above affidavit are true and correct to my knowledge and no part of 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/____/2022.

 

IN THE MATTER OF :-

_________________                                                      : PLAINTIFF

VERSUS

___________________________                          : 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 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 in the application under reply are the same and in case the relief sought in the present application is granted, the said would amount to decreeing the suit.

 

2.       That the application under reply as laid is not maintainable as the same lacks essential ingredient for filing the present application i.e. the averment with respect to irreparable loss to the plaintiff in case of non-grant of the relief claimed in the application under reply.

 

REPLY ON MERITS :-

1-2.   That the contents of paras 1-2 of the application are matter of record, need no reply. However, the answering defendants have filed its detailed written statement and the contents of the same are true and correct to the knowledge of the defendants. The same may kindly be read as an integral part of this reply as the same are not being reproduced herein for the sake of brevity.

 

3.       That the contents of para 3 of the application are wrong and denied. It is denied that the Plaintiff has a good prima facie case in her favour and there is every likelihood to succeed in the accompanying matter. The plaintiff has no case what to talk of a good prima facie case. However, the answering defendants have filed its detailed written statement and the contents of the same are true and correct to the knowledge of the defendants. The same may kindly be read as an integral part of this reply as the same are not being reproduced herein for the sake of brevity.

4.       That the contents of para 4 of the application are wrong and denied. It is denied that if the application of the Plaintiff is not allowed and Defendants in their mala fide and nefarious motive and design, the Plaintiff shall suffer an irreparable loss and injury, which cannot be compensated in terms of money. However, the answering defendants have filed its detailed written statement and the contents of the same are true and correct to the knowledge of the defendants. The same may kindly be read as an integral part of this reply as the same are not being reproduced herein for the sake of brevity.

5.       That the contents of para 5 of the application are wrong and denied. It is denied that the balance of convenience is also lies in favour of the Plaintiff and against the Defendants. However, the answering defendants have filed its detailed written statement and the contents of the same are true and correct to the knowledge of the defendants. The same may kindly be read as an integral part of this reply as the same are not being reproduced herein for the sake of brevity.

6.       That the contents of para 6 of the application are wrong and denied. It is denied that the Plaintiff would suffer an 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 its detailed written statement and the contents of the same are true and correct to the knowledge of the defendants. The same may kindly be read as an integral part of this reply as the same 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 earlier and therefore is denied in its entirety. The plaintiff is not entitled for any relief claimed for.

 

P R A Y E R :-

 

It is, therefore, most respectfully prayed that the application of the plaintiff may kindly be dismissed with heavy costs in favour of the answering defendants and against the plaintiff for dragging the answering defendants in the frivolous litigation, in the interest of justice, equity and 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 may pass in favour of the answering defendants, in the interest of justice.

It is prayed accordingly.

DELHI                                                       DEFENDANTS NO.1 & 2

DATED:                         THROUGH

____________________-----------------------------

SANJEEV SHARMA

ADVOCATE

Ch. _______________________

Mob.No.________________

Email: _________________

IN THE COURT OF MS. SWATI GUPTA; LD.ARC/ACJ /CCJ; PATIALA HOUSE COURTS, NEW DELHI.

 

CS/_______/2022.

 

IN THE MATTER OF :-

_________________                                                       : PLAINTIFF

VERSUS

________________________                               : DEFENDANTS

 

AFFIDAVIT

Affidavit of Mrs. ________, aged about ___ years W/o ________, R/o _--__---------------------------, New Delhi-110008, do hereby solemnly affirm and declare as under :-

 

1.       That I am the defendant No.1 in the above noted matter and am well conversant with the facts of the case and am also competent to swear the present affidavit.

2.       That the contents of accompanying reply to application under Order 39 Rules 1 & 2 of CPC 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 & parcel of this affidavit, which are not reproduced herein for the sake of brevity.

 

DEPONENT

VERIFICATION :-

          Verified at Delhi on this ____, day of June, 2023, that the contents of above affidavit are true and correct to my knowledge and no part of 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/____/2022.

 

IN THE MATTER OF :-

_______________                                                 : PLAINTIFF

VERSUS

________________________                      : DEFENDANTS

 

AFFIDAVIT

Affidavit of Mrs. _______, aged about ___ years W/o _______, R/o ___________________, New Delhi-110008, do hereby solemnly affirm and declare as under :-

 

1.       That I am the defendant No.2 in the above noted matter and am well conversant with the facts of the case and am also competent to swear the present affidavit.

2.       That the contents of accompanying reply to application under Order 39 Rules 1 & 2 of CPC 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 & parcel of this affidavit, which are not reproduced herein for the sake of brevity.

 

DEPONENT

VERIFICATION :-

          Verified at Delhi on this ____, day of June, 2023, that the contents of above affidavit are true and correct to my knowledge and no part of thereof is false and nothing material has been concealed therefrom.

 

DEPONENTIN THE COURT OF MS. SWATI GUPTA; LD.ARC/ACJ /CCJ; PATIALA HOUSE COURTS, NEW DELHI.

 

CS/’_____/2022.

 

IN THE MATTER OF :-

____________                                                      : PLAINTIFF

VERSUS

____________                                   : DEFENDANTS

N.D.O.H.: …...2023

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      

DATED:                         THROUGH

________________--------------------------

ADVOCATE

Ch. ________________

Mob.No.________________

Email: ________________

IN THE COURT OF MS. SWATI GUPTA; LD.ARC/ /CCJ; PATIALA HOUSE COURTS, NEW DELHI.

 

CS/____/2022.

 

IN THE MATTER OF :-

______________                                                   : PLAINTIFF

VERSUS

_____________________                           : DEFENDANTS

N.D.O.H.: …...2023

 

WRITTEN STATEMENT AND ON BEHALF OF THE DEFENDANTS NO.1 AND 2 TO THE SUIT FOR PERMANENT AND MANDATORY INUNCTION FILED BY THE PLAINITFF.

 

MOST RESPECTFULLY SHOWETH :-

 

That the instant written statement is based on the limited information provided 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 into the root of the matter, and require to be decided by this Hon’ble Court, before adjudicating upon the matter. The said submissions / objections and facts, as stated hereinafter for the consideration of the Hon’ble Court for proper determination of the issue involved, would show that the said suit is totally irrational and baseless, hence, frivolous and vexatious, both in law and fact.

 

PRELIMINARY OBJECTIONS:-

 

1.                 That the Defendant No.1 and 2 herein are peace loving and law abiding citizen of India and sisters of the plaintiff. It is stated that the present suit is false, frivolous, fabricated and vexatious. It is an abuse process of law that the plaintiff has taken recourse of falsehood and fraud. A bare perusal from the present suit clearly reveals that the plaintiff got the same filed with ulterior motives and malafide and wrong intentions just to drag the answering Defendants (hereinafter called as “Defendants”) into unwanted and frivolous litigation and to prejudice the Defendants on one hand or the other.

2.                 That the plaintiff has deliberately and mischievously withheld material facts and has instead sought to notorious filed a present suit on a baseless and concocted story with an attempt to harass the Defendants, had the Plaintiff known the ground situation prevailing her would herself had understood the whole scenario and Plaintiff must have thereon tried to persuade so the good sense would have prevailed upon her.

3.                 That the allegations in the plaint under reply are vague and devoid of any specificity, further the allegations raised in the plaint under reply 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 and the said allegations are vague and baseless resulting which the same 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 purpose of court fees and jurisdiction and is therefore liable to be rejected outrightly. 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 totally frivolous and contrary to the well-established law and binding judicial precedents.

6.                 That the plaintiff has not approached this Hon’ble Court with clean hands 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 dismissed in view of the proceedings of Order VII Rule XI C.P.C.

8.                 That the present suit is false, malicious, incorrect and malafide and is nothing but abuse of process of law and is wasting the precious time of this Hon’ble Court and has been filed just to avail 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 totally misconceived, baseless and frivolous and is not maintainable in law.

 

REPLY ON MERITS :-

1.                 That in reply to para 1 of the plaint is matter of record. Hence, need no reply. The answering defendants crave leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

2.                 That in reply to para 2 of the plaint are matter of record. Hence, need no reply. The answering defendants crave leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

3.                 That in reply to para 3 of the plaint are matter of record. Hence, need no reply. The answering defendants crave leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

4.                 That in reply to para 4 of the plaint are want of knowledge and hence, denied. The answering defendants crave leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

5.                 That in reply to para 5 of the plaint are wrong and denied. It is denied that the Plaintiff and his wife have suffered several hardships at the hands of both the Defendant 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 herein above which are not being reproduced herein for the sake of brevity.

6.                 That in reply to para 6 of the plaint are wrong and denied. It is denied that the Defendant no.1 due to matrimonial discord with the in laws the Defendant no.1 elder sister along with her husband Manoj Kothari left the matrimonial house and started staying on the rented accommodation in the same locality as the parents of the Plaintiff. The answering defendants craves leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

7.                 That in reply to para 7 of the plaint are wrong and denied. The answering defendants crave leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

8.                 That in reply to para 8 of the plaint are wrong and denied. It is denied that the Plaintiff and the parents bought Ho. No._____ FF ______, New Delhi and the Defendant no.1 also in order have a close watch on the family assets and have complete interference in the family bought her own residence also having no.____ Floor ________. The answering defendants crave leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

9.                 That in reply to para 9 of the plaint are wrong and incorrect. The answering defendants crave leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

10.             That in reply to para 10 of the plaint are wrong and denied. It is denied that in 2009 the Plaintiff along with his wife returned with children the above named started to create a lot of dispute in family to the extent of abusing and even a complaint in 2014. The answering defendants craves leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

11.             That in reply to para 11 of the plaint are wrong and denied. It is denied that in _____ as a family gesture the complete family attended the house warming at ______ and the mother realizing her mistake started to maintain a cordial relation with the Plaintiff and his wife. The answering defendants craves leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

12.             That in reply to para 12 of the plaint are wrong and denied. It is denied that the mother of the Plaintiff on instance of her health condition in her last days wanted to stay with the Plaintiff and his wife and kids shifted to the present residence address in _____. The answering defendants craves leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

13.             That in reply to para 13 of the plaint are wrong and denied. It is denied that due to severe brain stroke in 2021 the health condition of mother kept on deteriorating and the mother made the Plaintiff incharge of taking care of all the expenses and other property related issues. The answering defendants craves leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

14.             That in reply to para 14 of the plaint are wrong and denied. It is not denied that mother of the Plaintiff expired and post the same Defendant no.1 and 2 have started to make the life of the Plaintiff a living hell wherein the Defendant no.1 and 2 create a lot of hue and cry in the house with respect to property and they want that the Plaintiff shall leave his share in the property an take a meager amount and leave the same and also the guest house that was being run by the Plaintiff during the lifetime of the mother of the Plaintiff the Defendant no.1 and 2 without informing the Plaintiff collected all the cash and other related things and left the said guest house. The answering defendants craves leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

15.             That in reply to para 15 of the plaint are wrong and denied. It is denied that the facts and circumstances which has necessitated the present suit is that the mother and father of the Plaintiff have died intestate and that both the Defendant no.1 and 2 being hand in gloves with the Defendant no.3 to 5 have tried to withdraw all the cash and gold jewellery being more than _____ of rupees from the bank account of the mother of the Plaintiff. The answering defendants craves leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

16.             That in reply to para 16 of the plaint are wrong and denied. It is denied that the cause of action occurred in favour of the Plaintiff and against the Defendants on various occasions. It is further denied that it initially occurred when the Plaintiff made complaints in year 2014. It is further denied that it arose when the Plaintiff and the family came together in 2017. It is further denied that it also arose when the mother of the Plaintiff got ill in __ and expired in ___. It is further denied that it also arose and still persisting when unlawfully the Defendant no.1 who herself is the bank official with HDFC Bank is trying to twist the hands of the banking laws and in the absence of any lawful will is trying to take away all the cash and jewellery lying in the bank accounts and locker of the mother of the Plaintiff. It is further denied that the cause of action in favour of the Plaintiff and against the Defendants are continuing and still subsisting. The answering defendants craves leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

 

17.             That in reply to para 17 of the plaint are wrong and denied.

18.             That the contents of para 18 of the plaint are wrong and incorrect, hence denied. However, it is submitted that the suit has not been valued properly for the purposes of court fee and jurisdiction and the same is liable to be dismissed. The answering defendants craves leave to refer to the submissions made herein above which are not being reproduced herein for the sake of brevity.

 

It is respectfully submitted that the present suit is absolutely false, frivolous, baseless, misconceived and vexatious even to the knowledge of the plaintiff himself, besides being unsustainable in law, and therefore, the same is liable to be dismissed with compensatory costs.

 

Prayer clause paras of the plaint along with its sub paras are absolutely wrong and specifically denied. The plaintiff is not entitled for any relief claimed for.

 

P R A Y E R

          It is, therefore, most respectfully prayed that the plaint of the plaintiff may kindly be dismissed with heavy costs in favour of the defendants and against the plaintiff for filed the present frivolous litigation, in the interest of justice, equity and circumstances of the case.

 

Such other order or orders as may be deemed fit in the circumstances may also be passed.

It is prayed accordingly.

 

DEFENDANTS NO.1 & 2

NEW DELHI      

DATED:                         THROUGH

---------------------------

ADVOCATE

Ch. ________________

Mob.No._____________

Email: ______________-

VERIFICATION :-

Verified at Delhi on this ____ day of June, 2023 that the facts stated in paras 1 to ….. of the preliminary objections / submissions and in paras 1 to 18 of the reply on merits and reply of grounds are true and correct to my knowledge and legal submissions made therein are believed to be true upon advise. Last 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/_____/2022.

 

IN THE MATTER OF :-

_________________                                             : PLAINTIFF

VERSUS

__________________________                            : DEFENDANTS

A F F I D A V I T

Affidavit of Mrs. ________, aged about ___ years W/o _________, R/o __________, New Delhi-110008, do hereby solemnly affirm and declare as under :-

 

1.       That I am the defendant No.1 in the above noted matter and am well conversant with the facts of the case and am also 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 & parcel of this affidavit, which are not reproduced herein for the sake of brevity.

 

DEPONENT

VERIFICATION :-

          Verified at Delhi on this ____, day of June, 2023, that the contents of above affidavit are true and correct to my knowledge and no part of 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/____/2022.

 

IN THE MATTER OF :-

________________                                                        : PLAINTIFF

VERSUS

_______________________                                 : DEFENDANTS

A F F I D A V I T

Affidavit of Mrs. ________, aged about ___ years W/o Sh. ________, R/o ______________________, New Delhi-110008, do hereby solemnly affirm and declare as under :-

 

1.       That I am the defendant No.2 in the above noted matter and am well conversant with the facts of the case and am also 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 & parcel of this affidavit, which are not reproduced herein for the sake of brevity.

 

DEPONENT

VERIFICATION :-

          Verified at Delhi on this ____, day of June, 2023, that the contents of above affidavit are true and correct to my knowledge and no part of 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/____/2022.

 

IN THE MATTER OF :-

_________________                                                      : PLAINTIFF

VERSUS

___________________________                          : 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 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 in the application under reply are the same and in case the relief sought in the present application is granted, the said would amount to decreeing the suit.

 

2.       That the application under reply as laid is not maintainable as the same lacks essential ingredient for filing the present application i.e. the averment with respect to irreparable loss to the plaintiff in case of non-grant of the relief claimed in the application under reply.

 

REPLY ON MERITS :-

1-2.   That the contents of paras 1-2 of the application are matter of record, need no reply. However, the answering defendants have filed its detailed written statement and the contents of the same are true and correct to the knowledge of the defendants. The same may kindly be read as an integral part of this reply as the same are not being reproduced herein for the sake of brevity.

 

3.       That the contents of para 3 of the application are wrong and denied. It is denied that the Plaintiff has a good prima facie case in her favour and there is every likelihood to succeed in the accompanying matter. The plaintiff has no case what to talk of a good prima facie case. However, the answering defendants have filed its detailed written statement and the contents of the same are true and correct to the knowledge of the defendants. The same may kindly be read as an integral part of this reply as the same are not being reproduced herein for the sake of brevity.

4.       That the contents of para 4 of the application are wrong and denied. It is denied that if the application of the Plaintiff is not allowed and Defendants in their mala fide and nefarious motive and design, the Plaintiff shall suffer an irreparable loss and injury, which cannot be compensated in terms of money. However, the answering defendants have filed its detailed written statement and the contents of the same are true and correct to the knowledge of the defendants. The same may kindly be read as an integral part of this reply as the same are not being reproduced herein for the sake of brevity.

5.       That the contents of para 5 of the application are wrong and denied. It is denied that the balance of convenience is also lies in favour of the Plaintiff and against the Defendants. However, the answering defendants have filed its detailed written statement and the contents of the same are true and correct to the knowledge of the defendants. The same may kindly be read as an integral part of this reply as the same are not being reproduced herein for the sake of brevity.

6.       That the contents of para 6 of the application are wrong and denied. It is denied that the Plaintiff would suffer an 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 its detailed written statement and the contents of the same are true and correct to the knowledge of the defendants. The same may kindly be read as an integral part of this reply as the same 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 earlier and therefore is denied in its entirety. The plaintiff is not entitled for any relief claimed for.

 

P R A Y E R :-

 

It is, therefore, most respectfully prayed that the application of the plaintiff may kindly be dismissed with heavy costs in favour of the answering defendants and against the plaintiff for dragging the answering defendants in the frivolous litigation, in the interest of justice, equity and 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 may pass in favour of the answering defendants, in the interest of justice.

It is prayed accordingly.

DELHI                                                       DEFENDANTS NO.1 & 2

DATED:                         THROUGH

____________________-----------------------------

SANJEEV SHARMA

ADVOCATE

Ch. _______________________

Mob.No.________________

Email: _________________

IN THE COURT OF MS. SWATI GUPTA; LD.ARC/ACJ /CCJ; PATIALA HOUSE COURTS, NEW DELHI.

 

CS/_______/2022.

 

IN THE MATTER OF :-

_________________                                                       : PLAINTIFF

VERSUS

________________________                               : DEFENDANTS

 

AFFIDAVIT

Affidavit of Mrs. ________, aged about ___ years W/o ________, R/o _--__---------------------------, New Delhi-110008, do hereby solemnly affirm and declare as under :-

 

1.       That I am the defendant No.1 in the above noted matter and am well conversant with the facts of the case and am also competent to swear the present affidavit.

2.       That the contents of accompanying reply to application under Order 39 Rules 1 & 2 of CPC 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 & parcel of this affidavit, which are not reproduced herein for the sake of brevity.

 

DEPONENT

VERIFICATION :-

          Verified at Delhi on this ____, day of June, 2023, that the contents of above affidavit are true and correct to my knowledge and no part of 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/____/2022.

 

IN THE MATTER OF :-

_______________                                                 : PLAINTIFF

VERSUS

________________________                      : DEFENDANTS

 

AFFIDAVIT

Affidavit of Mrs. _______, aged about ___ years W/o _______, R/o ___________________, New Delhi-110008, do hereby solemnly affirm and declare as under :-

 

1.       That I am the defendant No.2 in the above noted matter and am well conversant with the facts of the case and am also competent to swear the present affidavit.

2.       That the contents of accompanying reply to application under Order 39 Rules 1 & 2 of CPC 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 & parcel of this affidavit, which are not reproduced herein for the sake of brevity.

 

DEPONENT

VERIFICATION :-

          Verified at Delhi on this ____, day of June, 2023, that the contents of above affidavit are true and correct to my knowledge and no part of thereof is false and nothing material has been concealed therefrom.

 

DEPONENT