Vijay Jaganprasad Gautam v. Mrs. Nirmala Ajay Vallabh Alias Gautam Since Decd. Thr. Lrs and Ors.
Case brief
What is this about?
Partition suit – flat no. 305 – decree on admission – Order XII Rule 6 CPC – Order VII Rule 12 CPC – scope of notice of motion – rejection of plaint – non-inclusion of joint family properties – written statement contention – Notice of Motion No. 4177 of 2019 – Special Civil Suit No. 110 of 2018 – City Civil Court – operative clause quashed and set aside – dismissal of notice of motion confirmed – defendants' liberty to raise contentions in trial – merits kept open – writ petition partly allowed.
What did the court decide?
Operative part in clause (2) of the impugned judgment dated 13 February 2025 in Notice of Motion No. 4177 of 2019 in Special Civil Suit No. 110 of 2018 quashed and set aside; dismissal of the notice of motion confirmed; defendant nos. 4(a) to 4(e) at liberty to raise appropriate contentions regarding non-inclusion of other joint family properties, including in the trial of the pending suit; rival contentions on the merits kept open.