Admissions by defendants validate plaintiff's claim for partition under relevant procedural rules.

The Hont’hb le Justice BISWAROOP CHOWDHURY Date: 07 JULY 2025 Appearance:

Mr. Samir Das, Adv.

…for the Plaintiff/Petitioner.

Sukumar Das & Ors., Adv.

…for the Defendants/Respondents.

This application filed by the Plaintiff/petitioner praying for the following The Court:

reliefs:

a) Declaration of the shares of the parties to this suit in the suit property more particularly detailed in the schedules of Parts-I and II of Annexure ‘A’ and in Annexure ‘B’ of the plaint and a preliminary decree be passed accordingly.

b) Appointment of a Commissioner of partition to frame a Scheme of partition and divide the Suit Property by metes and bounds according to the shares of the parties and allotment in severalty to the plaintiff a separate lot according to the share of the plaintiff as may be determined.

c) The defendants and especially the defendant no. 1 be directed to render true and faithful accounts of their dealings with the suit property and a decree be passed to the extent of the sum found due and payable to the plaintiff upon taking of such accounts.

It is the contention of the plaintiff/petitioner that although the partition suit was contested for a long period but no fruitful outcome is derived from the same.

It is further contended that in the within statement all the defendants have expressed their desire to partition with th2e suit property in accordance with 1/16^th share of the plaintiff/petitioner. It is also contended that in view of the admission made by the respondents/defendants in their written statement the preliminary decree in respect of the partition can be passed since the parties do not have any dispute with regard to the share in respect of the properties which are intended to be partitioned.

The petitioner/plaintiff has also filed supplementary affidavit with a prayer that the suit be decreed in its preliminary form under Order 12 Rule 6 of the Code of Civil Procedure declaring shares of the parties to schedule of part-I and II of Annexure ‘A’

and in Annexure ‘B’ of the plaint.

Heard Learned Advocate for the parties perused the petition filed and materials on record. Upon perusing the petition and upon hearing the Learned Advocates and considering the written statement filed by Defendant no. 1, 2, 4 to 8, and 10 to 12 it appears that the said defendants in para 14 of the written statement stated as follows:

‘The defendants are ready to partition the property in suit in accordance with

1/16th share of the plaintiff and the plaintiff never approached the defendants to effect partition and there is no cause of action for instituting the suit and the defendants pray that the properties in suit be partitioned according to the share of the respective parties in suit.’

Upon considering the statement made in the written statement by defendant no. 1, 2, 4 to 8, and 10 to 12 it appears that the said defendants have admitted the share of the plaintiff and the defendants. Thus the said defendants have made admissions with regard to the shares of the parties and hence Judgment can be passed on admissions as per Order 6 Rule 12(1) of the Code of Civil Procedure . With regard to Defendant no-3 and 9 as the said defendants did not file written statement it has to be inferred that the said defendants are not at issue with the plaintiff on the statements made in the plaint. 3 Thus the plaintiff/petitioner is entitled to an order for declaration of shares.

Let there be an order in terms of prayer (a) of the Notice of motion dated 6th day of May 2022.

The parties do get a preliminary decree as prayed for in prayer(a) of the Notice of Motion dated 6th day of May 2022. Let the preliminary Decree be drawn up and completed in terms of this Order.

Parties are granted liberty to partition by metes and bounds in terms of preliminary Decree failing which partition Commissioner is to be appointed.