The Delhi High Court dismissed the plaintiff's suit for partition, finding the plaintiff concealed facts regarding a will and a prior suit, thus lacking interest in pursuing the present case.
Suit dismissed; liberty to sue again for partition if the outcome of the earlier suit favours the plaintiff.
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CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
CS(OS) 281/2016
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the said suit for possession is with respect to the validity of the said Will. 7. It is quite evident that if in the earlier suit the document claimed to be the Will is proved, the plaintiff would have no share in the property. 8. The only issue for adjudication in this suit also is with respect to the same Will. The defendants have also pleaded that the plaintiff while instituting this suit concealed the previously instituted suit and also the No Objection Certificate which the plaintiff had executed with respect to the Will.
RAJIV SAHAI ENDLAW, J
FEBRUARY 08, 2019 „gsr‟..
CS(OS) 281/2016
Page 2 of 2
Rajiv Sahai Endlaw
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court
