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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Dalbir @ Dalbir Singh Saini – Appellant
Versus
Kanwal Singh – Respondent
| Table of Content |
|---|
| 1. initial application under constitutional law and subsequent judgment evaluation. (Para 1 , 4) |
| 2. arguments from both sides on the conduct and intentions regarding property possession. (Para 2 , 3) |
| 3. court's observation relating to fair distribution and the trial court's lawful actions. (Para 5 , 6) |
| 4. established precedent on high court limitations for interfering with lower court decisions. (Para 9) |
| 5. final verdict based on prior judgments and equitable distribution rules. (Para 10 , 11) |
JUDGMENT :
VIKAS BAHL, J.
1. Present civil revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 29.09.2022 (Annexure P-11) passed by the Civil Judge (Senior Division), Rohtak separating the share of the petitioner to the extent of 1/6th share towards the eastern side.
ARGUMENTS ON BEHALF OF THE PETITIONER
2. Learned counsel for the petitioner has submitted that in the present case, although a preliminary decree had been passed holding that each of the six brothers i.e. petitioner and respondents No.1 to 5, were entitled to 1/6th share of the suit property but while passing the impugned order dated 29.09.2022 and givi
The trial court's partition order, based on mutual agreements among siblings, was upheld, emphasizing the need for equitable distribution to ensure fairness despite conflicting motives.
A third-party purchaser lacks the standing to raise the plea of partial partition in a suit for partition among co-owners, as this right is reserved for the co-owners themselves.
In partition suits, amendments to the plaint should be allowed unless they cause injustice or prejudice to other parties, promoting efficiency in resolving disputes.
In a suit for partition, amendment of pleadings is permissible even at a later stage when it does not alter the character of the suit and enables the court to fully adjudicate the dispute.
Amendments in civil suits for partition are to be allowed to ensure all issues are resolved, minimizing litigation unless they cause injustice or prejudice to the other party.
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