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MAHENDAR KUMAR GOYAL
Siddharth Jain – Appellant
Versus
Vidhya Devi Jain – Respondent
ORDER :
Mahendar Kumar Goyal, J. - This revision petition is directed against the order dated 16.02.2023 passed by the learned Additional District Judge No.3, Ajmer (for brevity "the learned trial Court") in Civil Suit No.69/2022 whereby, an application filed by the petitioner/defendant (for brevity "the defendant") under Order7 Rule 11 read with section 151 CPC, has been dismissed.
2. The relevant facts in brief are that the respondent No.1/plaintiff (for brevity "the plaintiff") filed a suit against the defendant and the proforma respondent No.2/defendant No.2 stating therein that her brother Shri Padamchand Jain expired intestate on 25.09.2019. It was averred that his wife pre- deceased him and she was his only legal heir under section 8 of the HINDU SUCCESSION ACT , 1956 (for short "the Act of 1956"). Alleging that the defendant having received the entire amount of fixed deposit of Shri Padamchand Jain being his nominee, was not refunding the same to her, the only legal heir entitled, the suit was filed. Therein, an application filed by the defendant under Order 7, Rule 11 read with section 151 CPC has been dismissed by the learned trial Court vide order impugned dated 16.02.202
Under Section 8 of the Hindu Succession Act, a grandson cannot inherit if his father is alive, reaffirming the exclusion of certain heirs in intestate succession.
The main legal point established is the limited scope of revisional jurisdiction under Section 115 of the CPC and the importance of the averments in the plaint in deciding the rejection of a plaint u....
The main legal point established in the judgment is the importance of specific and categoric framing of issues to effectively decide disputes and advance substantive justice, as evidenced by the allo....
The trial court erred by abating the suit without proper inquiry into legal representation, as abatement is procedural and not substantive, requiring adherence to the principles laid out under Order ....
The amendment to Order XXII Rule 4 of the CPC aims to ensure the continuation and culmination of effective adjudication and to prevent the proceedings from coming to an end summarily due to the death....
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