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HIGH COURT OF DELHI
MR. JUSTICE CHANDRA DHARI SINGH, J
RAMESH KUMAR YADAV & ORS. – Appellant
Versus
MANAN YADAV – Respondent
ORDER :
CHANDRA DHARI SINGH, J.
1. The instant civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (“CPC” hereinafter) has been filed on behalf of the petitioners seeking setting aside of the order dated 25th January, 2024, ('impugned order' hereinafter), passed by the learned Civil Judge- N/W District, Rohini Courts, Delhi in CS SCJ no.1318/2019.
2. The brief facts that led to the filing of the instant revision petition are as follow:
a. The family chart defining the relation among the parties is as under:
b. The minor respondent herein/plainitff, through his mother, filed the aforesaid civil suit for declaration against all the petitioners/defendants seeking declaration of the suit properties as Joint Hindu Undivided Coparcenery Ancestral family properties with further declaring the plaintiff as a coparcener-cp-owner in the said suit properties. Vide the said suit, it has also been prayed that a decree of declaration be passed against the defendants/petitioners herein, thereby, declaring the agreement to sell dated 9th January, 1987 and conveyance deed dated 12th May, 2000 as null and void. The details of the suit property as per the record are as follows:
c.
The court affirmed that the existence of a cause of action must be determined from the plaint's averments, and issues regarding property nature and necessary parties are triable matters.
The judgment establishes the principle that the scope of revisional powers of the High Court under Section 115 of the CPC is limited to the irregular exercise or non-exercise of jurisdiction, and doe....
Power conferred under Order 7 Rule 11 CPC is a drastic one and conditions precedent to exercise such powers are stringent.
The court emphasized that a plaint must be read meaningfully to determine if it discloses a cause of action, particularly in partition suits regarding ancestral properties.
The court articulated that a suit cannot be dismissed at the threshold for alleged insufficiency of court fees if it discloses a valid cause of action, emphasizing the importance of evaluating the me....
The main legal point established in the judgment is the distinction between inherited property and property acquired on partition in the context of coparcenary properties. The judgment emphasizes the....
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