Court No. - 37 Case :- FIRST APPEAL No. - 1211 of 2024 Appellant :- Smt. Anu Garg Alias Anuradha Garg Respondent :- Anmol Garg And 2 Others Counsel for Appellant :- Nipun Singh,Rishi Upadhyay Counsel for Respondent :- Abhijeet Mishra Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the plaintiff-appellant and learned counsel for the defendant. 2. Plaintiff/appellant has shown her grievance against the judgment dated 24.10.2024 passed by Civil Judge (Senior Division), Court No. 3, Bulandshahr in O.S. No. 557 of 2024, whereby suit filed on behalf of the plaintiff to declare herself as Anu Garg alias Anuradha Garg being wife of Alok Kumar Garg has been dismissed. 3. Record evidence that plaintiff came with the plea that her official name is Anu Garg and nickname is Anuradha Garg, and she is wife of Alok Kumar Garg. Defendant No. 1, Anmol Garg is a son and Defendant No. 2, Smt. Anchal Goyal as well as Defendant No. 3, Smt. Monika Garg are daughters. In all the documents, her name has been mentioned as Anu Garg, however, in the Demat Account No. IN300011811721443 opened with Alankit Assignments Limited, 1E/13, Ground Floor, Jhandewalan Extension, New Delhi, her nickname i.e. Anuradha Garg has been mentioned as a nominee of her husband, namely, Alok Kumar Garg. In this backdrop, a prayer has been made that she may also be acknowledged and recognized along with her nickname, namely, Anuradha Garg being wife of Alok Kumar Garg. All the defendants have filed their written statement admitting her status being a wife of Alok Kumar Garg and their mother. Learned trial court, vide judgment dated 24.10.2024, has dismissed the suit basically on three grounds: firstly, no ancillary relief has been sought for, as required under Section 34 of the Specific Relief Act against the company concerned with whom the aforementioned Demat Account was opened by her husband; secondly, that the company concerned has not been made party in the suit; thirdly, no publication has been made in the official gazette to consider herself as Anu Garg alias Anuradha Garg being a wife of Alok Kumar Garg. 4. 4. Having considered the rival submissions advanced by learned counsel for the parties and perusal of record, it is manifested that marital status of Anu Garg being a wife of Alok Kumar Garg has not been denied by the defendants, who are the children born out of wedlock with Anu Garg and Alok Kumar Garg. The cause of action arose, while bickering took place amongst family members and plaintiff has suffered hardship in operating the Demat Account after the death of her husband who had referred/mentioned the name of his wife (plaintiff) in her nick name, namely, Anuradha Garg as his nominee. As per plaintiffs' case Anu Garg and Anuradha Garg are one and common person, wife of Alok Kumar Garg. The suit filed on behalf of the plaintiff to consider herself as Anu Garg alias Anuradha Garg has been dismissed on technical grounds which can be cured by the plaintiff, in case, opportunity is accorded to her. 5. In my considered opinion, right of any party should not be curtailed on technical grounds and, for fair trial, one opportunity must be given to the plaintiff to cure the defect in filing the suit and establishing her case as per the law. 6. As such, the appeal is partly allowed. The judgment and decree dated 24.10.2024 and 4.11.2024 respectively passed by the trial court in OS No. 557 of 2024 are hereby quashed, and the suit is restored to its original number. The parties are relegated before the trial court to get the suit decided afresh after curing all the technical defects as pointed out by learned trial court in its judgment dated 24.10.2024. Order Date :- 20.3.2025 vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad