Back
REKHA PALLI
Som Nath Kalra – Appellant
Versus
Deepa Kalra – Respondent
JUDGMENT
Rekha Palli, J. (Oral)
1. The present suit has been preferred by the plaintiff seeking partition of property bearing no.2230, Shanker Gali, Sita Ram Bazar, Delhi-110006 (hereinafter referred to as the `suit property').
2. Vide order dated 22.08.2022, this Court after, taking into account the defendants' plea that a suit being CS DJ No.428/2022, filed by the defendant no.1 herein, seeking partition of the very same property was already pending adjudication before the Court of the learned Additional District Judge (ADJ- 06), District(Central), Tis Hazari Courts, Delhi, had granted time to the learned counsel for the plaintiff to make submissions as to how the present suit would be maintainable.
3. Today, he submits that since the value of the share, which the plaintiff is claiming in the suit property is much higher than what is being alleged by the defendants in the partition suit preferred by them before the learned Trial Court, the plaintiff's claim for his share in the suit property would be beyond the pecuniary jurisdiction of the learned Trial Court. He submits that it is only this Court that would have the pecuniary jurisdiction to entertain the claim of the plaint
The central legal point established in the judgment is that the plaintiff's proof of possession over the suit property and the adherence to the terms of the Partition Deed influenced the court's deci....
The right to file a separate suit for partition in respect of a property not included in the original suit is not barred, and the principle embedded in Order II Rule 2 of CPC cannot be stretched to c....
Res judicata requires a full trial to establish; dismissing a suit based solely on pleadings without evidence is incorrect.
A second suit for declaration and permanent injunction is maintainable if it presents a different cause of action, even if a previous partition suit was dismissed for default.
The recurring cause of action for partition and separate possession allows for the maintainability of a subsequent suit even after unconditionally withdrawing an earlier suit for similar relief.
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
