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ARUN MONGA
Parasmal Surana – Appellant
Versus
Prakashmal Surana – Respondent
ORDER :
Mr. Arun Monga, J. - Petition herein is directed against an order dated 05.08.2017 (Annexure-5) passed by learned Additional District and Sessions Judge No.3, Jodhpur Metropolitan, Jodhpur, whereby an application filed by the plaintiff-respondent No.1 for taking on record his rejoinder was allowed and another order dated 26.04.2018 (Annexure-7) whereby a subsequent application for correction of the aforesaid order filed by the petitioner-defendant was dismissed by the same Court.
2. Succinct facts first, as pleaded in the instant petition.
2.1. Respondent No.1 - Prakashmal Surana has filed a suit for partition and permanent injunction in relation to a residential house bearing Plot No.202-A situated at 1st C-Road, Sardarpura, Jodhpur, stating that the said property was purchased by his father, Shri. Ummedmal Surana. On the said property, a house was constructed by him. The Petitioner/defendant asserts that there was no partition made qua the property in question between the legal heirs of said Late Shri. Ummedmal Surana. In his written statement, he has denied the averments of the plaint.
2.2. Thereafter, the plaintiff filed an application under Order 8, Rule 9 CPC for filing r
The court emphasized the necessity of presenting all relevant facts for a fair adjudication in partition suits, rejecting claims of suppression without evidence.
A suit for injunction regarding property rights can proceed despite prior partition decrees, as long as the issues are distinct.
A plaintiff must be allowed to file a rejoinder to address new facts introduced by the defendant, ensuring complete adjudication of the case.
The legal point established is that a suit for permanent and mandatory injunction may not be rejected solely on the basis of a partition decree, and parties may seek legal remedies for intervening pr....
The applicability of Section 10 of the CPC is determined by the identity of issues in the suits, not the nature of relief sought.
A party must provide valid reasons for any delay in filing applications and demonstrate the relevance of evidence to the case, as per the procedural rules under the CPC.
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