Relationship Must Be Substantiated: Punjab and Haryana High Court Rules on Application Under Order 1 Rule 10 CPC

In a recent judgment, the Punjab and Haryana High Court addressed a crucial legal matter involving an application under Order 1 Rule 10 CPC. The case, titled ‘Gurpreet Singh vs. Balbir Singh and Another,’ revolved around a dispute over property ownership and the claim of a necessary party.

The court, presided over by HON’BLE MRS. JUSTICE ARCHANA PURI, delivered its verdict on November 20, 2023. The judgment shed light on the significance of substantiating relationships and the impact of prior compromises in legal proceedings.

The court emphasized the importance of establishing the legitimacy of relationships in such cases. In its observation, the court stated, “Relationship existing between the parties, as such, is not disputed.” This highlighted the necessity of clarity regarding the relationships among the involved parties.

The central Issue in the case was the claim of respondent No.2, who was the grandson of respondent No.1. The petitioner, Gurpreet Singh, was the son of respondent No.1. The court noted that a compromise had been reached between the parties in an earlier suit, which transferred the suit property to the petitioner and his minor son. This compromise explicitly excluded any rights for respondent No.2. A similar compromise in a subsequent suit led to the withdrawal of that suit.

In its ruling, the court rejected the claim of respondent No.2 as a necessary party to the ongoing litigation. The court stated, “In the given circumstances, when the property is asserted to be self-acquired property of respondent No.1, till date, respondent No.2-Manjot Singh, as such, has no right to assert, more particularly, when the suit bearing CS No.368-2019 has since been withdrawn by him, specifically stating about the compromise having effected between the parties.”

The judgment concluded by setting aside the impugned order that had allowed the application under Order 1 Rule 10 CPC. This ruling underscores the importance of clarity in relationships and the weight of prior compromises in legal proceedings.

Date of Decision: November 20, 2023

Gurpreet Singh VS Balbir Singh and another