The reliefs claimed in the present suit by Late Shri S.K. Beri were specifically against Deepak Beri and his family members. Deepak Beri has contested the suit by filing a written statement controverting the averments made in the plaint and seeking dismissal of the present suit. Where the
interest of the legal representative is in conflict with the interest of the deceased plaintiff and he was a party in the suit as a defendant, he cannot be permitted to represent the estate of the deceased plaintiff. Therefore, in my considered view, the ‘right to sue’ in the present case cannot accrue in favour of Deepak Beri. The ‘right to sue’ can only accrue in favour of Atul Beri, who was neither a party in the suit, nor had any conflict with the interest of Late Shri S.K. Beri.{Para 15}
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 162/2018
S.K. BERI Vs DEEPAK BERI & ORS.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
AMIT BANSAL, J.
Dated : 9th February, 2023
Citation: 2023/DHC/000991
