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2024 Supreme(Online)(HC) 11

PATNA HIGH COURT
Arun Kumar Jha, J
Krishna Kumar Sinha – Appellant
Versus
Smt. Seema Kumari – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Ashok Nandan Prasad
For the Respondents: Mrs. Mohini Kumari

Table of Content
1. the petitioners sought declarative relief regarding joint ownership and contested a gift deed. (Para 2 , 3)
2. the scrutiny of the legal arguments opposing the counter claim highlighted differences. (Para 4 , 5)
3. discussion on procedural rules regarding the acceptance of counter claims ensued. (Para 6 , 7)
4. the court's findings emphasized procedural integrity regarding similarities in cause of action. (Para 8 , 9 , 10 , 11)
5. the petition was ultimately allowed, correcting jurisdictional errors. (Para 12)
JUDGEMENT

Date : 12-06-2024 Heard learned counsel for the petitioners as well as learned counsel for the respondents on the point of admission and I intend to dispose of the present petition at the stage of admission itself.

2. The instant petition has been filed by the petitioners under Article 227 of the Constitution of India for setting aside the order dated 29.02.2016 passed by the learned Sub Judge-III, Patna in Title Suit No. 337 of 2010.

3. Briefly stated, the facts, as it emerges from the record, are that the petitioners as plaintiffs filed Title Suit No. 337 of 2010 are seeking declaration that plaintiffs are joint owners in possession of the suit properti

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