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

2018 Supreme(P&H) 4432

RAJ MOHAN SINGH
Suresh Chand Amar – Appellant
Versus
Subhash Chand Amar – Respondent


Advocates Appeared:
Mr. A.S. Chadha, Advocate with Mr. S.K. Biriwal, Advocate, for the Respondent; Mr. C.B. Goel, Advocate, for the Respondent No. 1

JUDGMENT

Raj Mohan Singh, J . - Petitioner has assailed the order dated 11.08.2016 passed by Civil Judge (Junior Division), Faridabad, whereby application filed by the petitioner under Order 7, Rule 11 read with section 151 CPC for rejection of the plaint was dismissed.

2. At the time of issuance of notice of motion on 27.11.2015, following order was passed:-

    "Learned counsel for the petitioner contends that parties are closely related being descendants of Sham Lal. Properties were partitioned amongst the stakeholders by virtue of three partition instruments.

    Firstly it was done by way of registered partition dated 12.11.1959 and lastly by way of arbitral award dated 03.09.1977 which was ultimately made as a Rule of Court as well. After moving application under Order 7, Rule 11 CPC by the petitioner, an application for admission and denial of documents was also moved asking the defendants specifically to make statement in the context of certified copies of documents attached with the application. Learned counsel relies upon Vikas Aggarwal vs. Anubha AIR 2002 Supreme Court 1796 to contend that powers in terms of Order 7, Rule 11 CPC could have been exercised in a given situation. Not

      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