Back
GURBIR SINGH
Arun Fotedar – Appellant
Versus
Jitender Fotedar – Respondent
JUDGMENT
Mr. Gurbir Singh, J.
Challenge in this revision petition filed under Article 227 of the Constitution of India is to the order dated 20.10.2022 (Annexure P-1) passed by learned Civil Judge (Junior Division), Gurugram, whereby application moved by the petitioner-defendant No.1 under Order VII Rule 11 (a) (b) (c) (d) read with section 151 CPC for rejection of the plaint, has been dismissed.
2. The parties herein are being addressed as per their original status in the suit.
2.1 The parties are real brothers. They are sons of Mr. M.L. Fotedar, who expired on 28.09.2017 leaving behind his widow, namely, Rattan Rani Fotedar; three sons, namely, Jitender Fotedar (plaintiff), Arun Fotedar (defendant No.1, petitioner herein), Sanjay Fotedar (defendant No.2); and two daughters, namely, Girija Dhar and Rashmi Shali.
2.2 In brief the facts necessary for the decision of this revision petition are that respondent No.1-plaintiff filed a suit for declaration, cancellation of transfer deed and for permanent injunction, on the ground that in 1999, he purchased the property bearing No.C-2/71-B, measuring approx. 416 square yards, situated at Lord Krishna Enclave Sushant Lok, Phase-1, Gurugram,
The court upheld the dismissal of an application to reject a plaint, affirming that a plaintiff's claims of co-ownership based on financial contributions warrant a trial, and are not barred by limita....
No cause of action exists for partition without challenging the underlying gift deed; the plaint cannot be rejected on grounds of limitation based on the alleged fraud.
The main legal point established is that Section 47 of the Registration Act applies to a registrable document, such as a deed of gift, and the effect of such document relates back to the date of its ....
A plaint must disclose a clear cause of action; clever drafting that creates an illusion of a cause of action is insufficient for maintaining a suit.
The court held that a partition suit is not maintainable without proper evidence of ownership, especially when the property has been sold in execution proceedings.
Respondents 1 to 4 are not at all entitled for partition and they are not also in joint and constructive possession of suit property. Court fee paid on the plaint is not correct and respondents 1 to ....
A managing member of a Hindu undivided family may validly gift joint property for charitable purposes without the consent of other coparceners, provided the purpose aligns with the definition of piou....
The court emphasized that the present suit does not hit Order 2 Rule 2 of C.P.C. and there is a cause of action to file the present suit.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
