Gurdish Singh vs Sukhdeep Singh - 2022 Supreme(P&H) 435

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 435

ANIL KSHETARPAL
Gurdish Singh – Appellant
Versus
Sukhdeep Singh – Respondent

Advocates Appeared:
Mr. Vaibhav Sehgal, Advocate; for the Petitioner(S).; Mr. Sandeep Sharma, Advocate; for the Respondent No.1.

JUDGMENT

Anil Kshetarpal, J. - On 09.11.2021, the following order was passed by this Court:-

'The hearing of the case was held through video conferencing on account of restricted functioning of the Courts.

Learned counsel representing the petitioner inter alia contends that the respondent (the plaintiff in the trial Court) had been permitted to withdraw the suit with liberty to file a fresh suit on the basis of Will dated 05.03.1991. He contends that this order has been passed without an application under Order 23 Rule 1 CPC as well as the Court has failed to record a finding as to the technical defect in the previous plaint. He further contends that in fact fresh suit has been permitted to be filed so as to enable the plaintiff to indulge in forum shopping.

Notice of motion to respondent No.1 only for 30.11.2021.

The petitioner shall be at liberty to serve respondent No.1 through his counsel in the subsequent suit'.

2. The respondent No.1 herein is a plaintiff in a suit for grant of decree of declaration to the effect that the Will dated 05.03.1991, produced by Gurdish Singh son of Sh.Rattan Singh is illegal, wrong and fabricated. The suit was filed in the month of March, 2021. Without

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