SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2017 Supreme(P&H) 2666

ANITA CHAUDHRY
Ashok Kumar Talwar – Appellant
Versus
Ranjit Talwar – Respondent


Advocates Appeared:
For the Petitioners:M.S Sachdev, Advocate
For the Respondents:A.K. Chopra, Sr. Advocate with Ankit Midha, Advocate, Santosh Sharma, Advocate

JUDGMENT :

Anita Chaudhry, J.

This revision is directed against the order dated 19.09.2015 passed by Civil Judge (Senior Division) (NRI Cases), Jalandhar, vide which the application filed by the petitioners under Section 114 read with Order 47, Rule 1 and Section 151 CPC seeking review of the order dated 03.03.2015 was dismissed. The petitioners have also assailed the order dated 03.03.2015 (Annexure P-2) as the application filed by the plaintiffs was allowed and respondent No.4 was permitted to be sued through the son as the next friend.

2. The question which has arisen in this petition primarily is whether the provisions of Order 32, Rule 3 of the Code of Civil Procedure are mandatory and whether the requirement thereof has been complied with.

3. It would be necessary to give few facts.

4. A suit was filed by the sons of Krishan Talwar against the brother and some others, seeking a declaration that the plaintiffs were owners and in possession of 1/3rd share each. A prayer for injunction was also made restraining defendants No.1 and 2 from interfering in their possession. One of the defendant namely, Meena Chhabra, was stated to be of unsound mind. She was impleaded as defendant withou





















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top