Paminder Gujral vs Kiranjit Gujral - 2023 Supreme(Del) 3406

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 3406

IN THE HIGH COURT OF DELHI AT NEW DELHI
Chandra Dhari Singh, J.
Paminder Gujral & Ors. – Appellants
Versus
Kiranjit Gujral & Ors. – Respondents
I.A. 5138 of 2018 in CS(OS) 3262 of 2012 & I.A. 17361 of 2018, I.A. 17990 of 2019, I.A. 2429 of 2023, I.A. 2430 of 2023
Decided On : 19-07-2023

Advocates appeared:
Mr. Rajat Aneja, Mr. Nupur Kumar, Mr. Karan Nagrath, Ms. Chandrika Gupta, Ms. Muskan and Mr. Ambuj Tiwari, Advocates, for the Plaintiffs.
Mr. Rajesh Yadav, Senior Advocate with Ms. Chandrani Prasad, Mr. Manish Chaubey, Ms. Aditi Kakkar, Advocates with Defendant-1 in person.

Headnote:
Stay - Partition Suit - Code of Civil Procedure, 1908 - Section 151 - Section 10 - [Section 151, Section 10] - The court dismissed the application for stay of proceedings in the partition suit as the pending probate proceedings and the civil suit did not qualify as 'previously instituted suits' under Section 10 of the CPC. The court also concluded that it could not invoke its inherent power under Section 151 as Section 10 of the CPC is exhaustive in nature and section 151 of the CPC cannot override the express statutory provisions mandated in Section 10 of the CPC.
Fact of the Case:

The civil suit was filed by the Plaintiffs for the partition of the property left by their parents. The Defendants sought a stay of the suit proceedings under Section 10 of the CPC in light of the pending probate and revocation of probate proceedings in the Courts below.
Finding of the Court:

The court found that the pending probate proceedings and the civil suit did not qualify as 'previously instituted suits' under Section 10 of the CPC. The court also concluded that it could not invoke its inherent power under Section 151 as Section 10 of the CPC is exhaustive in nature and section 151 of the CPC cannot override the express statutory provisions mandated in Section 10 of the CPC.
Issues: The main issue was whether the court could stay the proceedings in the instant suit by exercising its powers as provided under Section 151 of the CPC or Section 10 of the CPC.
Ratio Decidendi: The court held that the pending probate proceedings and the civil suit did not qualify as 'previously instituted suits' under Section 10 of the CPC. The court also concluded that it could not invoke its inherent power under Section 151 as Section 10 of the CPC is exhaustive in nature and section 151 of the CPC cannot override the express statutory provisions mandated in Section 10 of the CPC.
Final Decision: The court dismissed the application for stay of proceedings in the instant suit as the suits pending in the courts below could not be termed as 'previously instituted suits' as mandated under Section 10 of the CPC. The Court also concluded that it could not invoke its inherent power under Section 151 as Section 10 of the CPC is exhaustive in nature and section 151 of the CPC cannot override the express statutory provisions mandated in Section 10 of the CPC.

JUDGMENT

Chandra Dhari Singh, J.

I.A. 5138/2018 (Stay)

1. The instant application under Section 151 of the Code of Civil Procedure, 1908 (CPC) has been filed on behalf of the Applicants/Defendants seeking the following reliefs:

"(a) The Application be allowed and the proceedings in the present suit be stayed in view of the order dated 08.09.2017 passed in TP No. 147/2017 by the HC.

(b) The parties to the present suit be directed to maintain the status quo as directed by the HC vide order dated 10.01.2013.

(c) Any other order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be passed."

FACTUAL MATRIX

2. The instant civil suit was filed by the Plaintiffs for the partition of the property left by the parents of the Plaintiffs and Defendant no. 1 seeking decree of partition and separate possession of the respective share of the immovable properties, along with perpetual injunction against the Defendants restraining them from encumbering, alienating, or otherwise disposing of the properties.

3. The Plaintiffs and Defendant no.1 are children of late Shri Mohinder Singh Gujaral, who passed away on 4th May 2012 and Mrs. Upkar Gujaral, who passed away on 8th October, 2004. The Defendants no. 2 & 3 are sons of the Defendant no. 1.

4. At the time of demise of the mother of the parties, she was survived by the following legal heirs-

i) Sh. Mohinder Singh Gujaral (Husband)

ii) Mr. Parminder Singh Gujaral (Plaintiffs no. 1)

iii) Ms. Neelu Chawla (Plaintiffs no. 2)

iv) Mr. Kiranjit Gujaral (Defendant no. 1)

v) Mr. Ranju Sayal (Plaintiffs no. 3)

5. Apart from the movable properties, the mother of the parties left the following immovable properties:

i) A-6, New Friends Colony, New Delhi-110065

ii) 802-Vishal Bhawan, 95, Nehru Place, New Delhi-110019

6. The properties left by the mother were bequeathed on the father as per the Will of the mother, executed on 21st July, 1995 and was subsequently probated by the deceased father of the parties in Probate case no. 234 of 2006. The Plaintiffs have filed revocation of the said probate case, which is pending before District Court, Tis Hazari, Delhi.

7. During his lifetime, the father of the parties made two separate Wills dated 9th May, 2008 with respect to the said two immovable properties. After the death of the father of the parties, the executor appointed by the deceased filed for probate of the alleged Wills of the deceased father of the parties which are pending as probate case no. 69/2012 before the Saket District Court, Delhi.

8. In 2013, the Defendants had filed a suit no. 21/2013 in this Court seeking declaration as owners of one of the suit properties bearing no. A-6, New Friends Colony. The said suit has been transferred to the Saket District Courts due to enhancement of minimum pecuniary jurisdiction of this Court and remains pending till this date.

9. In the instant suit, the Defendants have filed the present I.A. No. 5138/2018 praying for grant of stay of the suit proceedings under Section 10 of the CPC in light of the pending probate and revocation of probate proceedings in the Courts below.

SUBMISSIONS

(On behalf of the Applicants/Defendants)

10. Learned counsel appearing on behalf of the Applicants/Defendants submitted that the present suit has been filed by the Plaintiffs on the ground that their parents had died intestate. It is submitted that the said contention of the Plaintiffs is misconceived as both the parents had left behind their respective Wills and the said Wills are subject matter of the probate petitions. The said contention is even otherwise dependent on the outcome of probate petitions and the Plaintiffs will succeed in the present suit only when the pending probate petitions are dismissed in their favor and when it is held that the parents have not left behind any Wills and had died intestate.

11. It is submitted that prior to filing of the present suit by the Plaintiffs, the Applicants/Defendants had filed a suit for d