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SUNIL DUTTA MISHRA
Saroj Kumar, Son of Late Sri Krit Narayan Singh – Appellant
Versus
Manish Kumar, Son of Late Shyam Narayan Singh – Respondent
JUDGMENT :
Heard learned counsel for the petitioner.
2. No one is present on behalf of respondents despite service of notice and given sufficient opportunities thus, I am proceeding to dispose of this case.
3. The instant Civil Miscellaneous Application under Article 227 of the Constitution of India is directed against the order dated 16.05.2018 passed by learned Sub-Judge 13, Patna in Title Suit No. 301 of 2005, whereby and whereunder the petition filed by the petitioner under Section 10 read with Section 151 of Code of Civil Procedure seeking stay of a suit for partition bearing Title Suit No. 301 of 2005 was dismissed.
4. Respondents No. 1 to 5/plaintiffs filed suit for partition being Title Suit No. 301 of 2005 which is pending in the Court of learned Sub-Judge -13, Patna in which the defendants appeared and filed their written statement denying the assertions made in the plaint. The issues have been framed in the suit and the trial commenced and some of the witnesses have also been examined.
5. On 11.09.2015 the petitioner filed a petition for stay of the proceeding of the said suit under Section 10 of the Code of Civil Procedure read with Section 151 of Code of Civil Procedure to
The probate Court has exclusive jurisdiction in the matters relating to the legality of a Will, and its decision on the validity of the Will directly impacts the partition suit. In the interest of ju....
The main legal point established in the judgment is that while the probate proceeding may impact the shares of the parties in the partition suit, staying all further proceedings of the partition suit....
The court emphasizes analogous hearings for related probate and partition suits to prevent conflicting judgments.
The probate proceeding and the partition suit stand on different footings and the decision in one shall not have an impact on the other.
The main legal principle established is that a joint trial can be ordered to avoid contradictory verdicts and multiplicity of judicial decisions when some properties and issues are common in multiple....
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