No Bar U/S 10 C.P.C. - Upholds Right to File Subsequent Partition Suit for Left-Out Properties: Delhi High Court

In a recent judgment has underscored the right to file subsequent partition suits for properties not included in the previous suit. The ruling, delivered by Justice Chandra Dhari Singh, addressed the issue of whether a suit filed for the partition of properties left out of the previous partition suit could be kept in abeyance under Section 10 of the Civil Procedure Code (CPC).

Justice Singh's observations emphasized the importance of this legal principle, stating, "It is made clear that even though the parties to the suit are the same, the other necessary conditions also need to be met for the applicability of the said section in the subsequent suit."

The judgment highlighted that the mere inclusion of some properties in the original partition suit does not automatically include all properties left by the deceased. Justice Singh noted, "The non-inclusion of some of the properties in the original partition suit filed before any Court of competent jurisdiction will not automatically include all the properties left by the deceased in the original partition suit."

This ruling reaffirms the legal position that partial partition of properties is not strictly prohibited and can be allowed under certain circumstances. It further establishes that a suit for partition should embrace all properties left by a deceased, but the non-inclusion of certain properties grants the right to the aggrieved party to file a subsequent suit for the left-out properties.

Delhi High Court has clarified the legal framework surrounding partition suits and the conditions under which they can be filed. It underscores the need for a thorough examination of the facts and law before invoking Section 10 of the CPC to stay a subsequent suit, ensuring that justice prevails in matters of property partition.

Date of Decision: 20 October 2023

KUMARI LAXMI VS RAMA DEVI & ORS