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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Sunita Devi, Wife of Balkesh Prasad Paswan – Appellant
Versus
Raghubansh Narayan Singh, son of Late Jaimangal Singh – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard Mr. Nagmani Tiwari, learned counsel appearing for the petitioner, Mr. Raj Nandan Chatterjee, learned counsel appearing for opposite party nos. 1 and 6 to 9 and Ms. Aditee Dongrawat, learned counsel appearing for opposite party no.4.
2. This petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 29.02.2024 passed by the learned Civil Judge (Sr. Division)-VI, Daltonganj in Misc. Case No.29 of 2023 arising out of Partition Suit No.17 of 2015, whereby, the learned Court has been pleased to restore the Partition Suit No.17 of 2015 to its original file after imposing cost of Rs.4,000/- to the applicant (opposite party no.1).
3. Mr. Nagmani Tiwari, learned counsel appearing for the petitioner submits that the petitioner has purchased the land of Khewat No.1, Khata No.1, 4, 5, 15, 40 of total area 6.25 acres situated at Mouza-Sotam Dabra, Thana No.361, P.S. Lesliganj, District- Palamau from Tarkeshwar Prasad Singh through registered sale deed no.593/582 dated 13.01.2011, contained in Book 1, Vol. No.18, Page No.159 to 188 of Sub Registrar Office, Palamau. He further submits that thereafter the petitione
Restoration of a partition suit without notice to a necessary party violates procedural fairness, rendering the order invalid.
Notice is required in restoration proceedings when the defendant has previously appeared in the suit, ensuring fair opportunity to all parties.
Acquiescence to construction on the property can invalidate a claim for injunction against the defendants.
Court must provide notice to all parties before restoring a dismissed lawsuit, emphasizing the importance of due process and fair hearing.
The main legal point established in the judgment is that disputes regarding possession and title of non-transferable agricultural land should be addressed in a competent civil court, and claims of fo....
In partition suits, every party has the status of a plaintiff, and courts should ensure substantial justice without being hindered by technicalities in proceedings.
The main legal point established in the judgment is that the court has the power to allow amendments to the plaint to prevent the inexecutability of a partition decree.
The necessity of including all necessary parties in a partition suit is essential, and issues can be addressed appropriately following a Pleader Commissioner Report.
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