Sh. Udai Singh & Anr. v. Smt. Roshni Devi & Ors.
Case brief
What is this about?
The court disposed of a partition suit as withdrawn. The plaintiffs were already defendants in a pending partition suit filed by a co-defendant here. The court held that since the ancestors are common and a partition suit is pending, filing a fresh suit is unnecessary as properties can be included in the existing suit.
What did the court decide?
Withdrawal of the suit was allowed and the suit was disposed of with observations directing the plaintiffs to record the details of this pending suit in any future filing.