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MANMOHAN, MANMEET PRITAM SINGH ARORA
Smt Phoolwati (Deceased) Through Lrs And Ors – Appellant
Versus
Shri Devinder Singh And Ors – Respondent
JUDGMENT
Manmohan, A.C.J. (Oral)
CM APPL. 14849/2024 (for exemption)
Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
FAO(OS) 35/2024
1. The present appeal has been filed under Section 10 of the Delhi High Court Act, 1966, (`Act of 1966') challenging the impugned order dated 18th December, 2023, passed in CS (OS) No. 657/2017, whereby the learned Single Judge dismissed the I.A. No. 8954/2023 filed by the Appellants herein under Chapter IX Rule 6 of the Delhi High Court (Original Side) Rules, 2018 (`DHC Rules') read with section 151 of Code of Civil Procedure, 1908 (`CPC').
Brief facts
2. The Appellants herein are the plaintiffs and the Respondents are the defendants. The civil suit has been filed by the Appellants herein seeking declaration, partition and permanent injunction. The parties herein are the lineal descendants of late Sh. Lo Ram, who died intestate on 14th May, 2001 leaving behind several immoveable properties.
2.1. The reliefs sought in the said suit have been opposed by the Respondents herein on the ground that there was an oral partition in the year 1980, which had been acted upon by the parties and pursuant thereto, Respondent
The judgment emphasizes the importance of satisfying the tests of a 'judgment' and highlights the application of the doctrine of estoppel in barring the filing of a fresh application.
A legal heir is bound by the actions of the common ancestor and cannot challenge them.
For a claim of oral partition to succeed, it must be proven with sufficient evidence; inconsistencies in documentation undermine such claims.
The main legal point established is that the suit for partition is maintainable despite the failure to prove an earlier oral partition in the manner known to law.
Oral partitions, while valid, must be substantiated by evidence, and unregistered documents regarding such partitions are inadmissible in court; res judicata applies to suits dismissed for default wi....
Prior oral partition established through documentary evidence negated plaintiffs' claims for additional shares in joint family properties under Hindu Succession Act.
The court established that claims of oral partition require substantial evidence, and the burden of proof lies with the party asserting such claims.
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