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by Admin
07 May 2024 2:49 AM
In a significant judgment, the Delhi High Court today reinstated a previously dismissed partition suit related to ancestral property, emphasizing the non-finality of the previous rejection. The Division Bench, comprising Justices Rajiv Shakdher and Amit Bansal, delivered the verdict in the case of RFA(OS) 17/2021, involving appellant Surender Kumar.
Legal Point of the Judgment: The central legal question pertained to the implications of the rejection of a plaint in earlier proceedings and its effect on subsequent suits. The Court delved into whether the dismissal of the appellant's earlier suit had attained finality and the legitimacy of the amended suit filed thereafter.
Facts and Issues: The dispute centers around ancestral properties, part of a Hindu Undivided Family (HUF). The appellant, Surender Kumar, contested the dismissal of his earlier suit, which sought partition of these properties. The Single Judge had dismissed the suit on the grounds of finality of the earlier dismissal and the existence of concurrent suits for the same properties.
Court's Assessment: The Division Bench scrutinized the series of legal proceedings and decisions. They observed that the appellant's earlier suit, dismissed under Order VII Rule 11 of the CPC, was not final as he was allowed to file a new suit. In his subsequent suit, CS(OS)418/2016, the appellant incorporated specific amendments, particularly addressing the existence of the HUF.
The Bench underscored that under Order VII Rule 11 of the CPC, the decision should be based solely on the plaint's allegations, without considering the defendant's response in the written statement. It was noted that the appellant’s suit included not only partition but also claims for declaration, possession, and injunctions, making it distinct from the previous suit filed by another family member.
Decision: The High Court overturned the Single Judge's judgment dated March 2, 2020, thereby restoring the suit filed by Surender Kumar. The matter is scheduled for a hearing before the Roster Bench on March 1, 2024.
Date of Decision: February 13, 2024
Surender Kumar vs Late Sh. Dhani Ram Through LRS and Ors
