Back
ARUN KUMAR JHA
Shanti Devi – Appellant
Versus
Raj Kumar Singh – Respondent
Arun Kumar Jha, J.—The present petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 25.10.2018 passed by the learned Sub Judge-1, Darbhanga in Partition Suit No. 56 of 2008 whereby and whereunder the learned trial court rejected the petition dated 04.09.2015 filed by the original petitioner under Order 7, Rule 11 of the Code of Civil Procedure (hereinafter referred to as ‘the Code’).
2. The conspectus of the case, as it appears from the record, is that the respondent filed a Partition Suit No. 56 of 2008 on 29.03.2008 in the court of learned Sub Judge-1, Darbhanga impleading the original petitioner as defendant 1st set and other 122 persons as defendants 2nd and 3rd set. The Partition Suit No. 56 of 2008 has been filed seeking following reliefs:—
“(1) That on the consideration of the fact as stated above the court be pleased to set aside the decree passed in partition suit no. 136/70 by the court of Sub Judge, Darbhanga.
(2) That the court be pleased to hold and declare that the decree passed in partition suit no. 136/70 in the garb of compromise was fraudulently obtained in collusion with the father and grand father of the plaintiff
A plaint can only be rejected under Order 7 Rule 11(d) if it fails to disclose a cause of action or is barred by law, without regard to evidence or defenses raised in the written statement.
The main legal point established in the judgment is that the plea of res judicata requires consideration of the pleadings, issues, and decision in the previous suit, which is beyond the scope of Orde....
The main legal point established in the judgment is that a suit for partition can be barred by law and limitation if there is already a decree and final decree in place, and the plaintiff fails to en....
The right to seek partition is inherent and continuous for co-owners; prior dismissal of a partition suit does not bar subsequent suits, provided the parties are different.
The main legal point established in the judgment is that the amendment of pleadings under Order VI Rule 17 of the CPC should be allowed only if it is necessary to determine the real issue in controve....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
