Shri Sunil Kumar Gupta v. Smt. Pushpa Jain and Ors.
Case brief
What is this about?
The court rejected a partition suit filed by the legal heirs of Smt. Renu Gupta, holding it barred under Order XXIII Rule 1(4) CPC. Smt. Renu Gupta had unconditionally withdrawn an earlier partition suit in 2017, declaring she claimed no right in the property and wished to relinquish her share in favour of her mother. The court found this constituted a deliberate election to sever joint status, ex
What did the court decide?
Suit rejected under Order VII Rule 11 CPC; interim order vacated and all future dates cancelled.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CS(OS) 126/2022, I.A. 3510/2022, I.A. 6893/2022 & I.A. 6894/2022 Reserved on: 02nd September, 2024
- Date of Decision: 17th December, 2024
SHRI SUNIL KUMAR GUPTA & ANR. .....Plaintiffs Through: Mr. Vikas Sharma, Advocate. versus
SMT. PUSHPA JAIN AND ORS .....Defendants Through: Mr. Dhruv Chawla, Ms. Yuganshi Singh and Ms. Parvi Jain, Advocates.
% CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA J U D G M E N T
MANMEET PRITAM SINGH ARORA, J: I.A. 6894/2022 (Application under Order XII Rule 6 read with Order VII Rule 11, Code of Civil Procedure, 1908, filed on behalf of Defendants nos. 1 to 4)
- The present application has been filed by the Defendants under Order XII Rule 6 read with Order VII Rule 11 of the Code of Civil Procedure, 1908 (‘CPC’) praying for dismissal of the underlying suit on the basis of admissions made by the Plaintiffs.
Issues for consideration
2 issues framed by the court
Whether the suit for partition is barred under Order XXIII Rule 1(4) CPC due to the unconditional withdrawal of the earlier 2017 partition suit by the plaintiffs' predecessor-in-interest, Smt. Renu Gu
Whether the plaintiffs, claiming through their deceased mother Smt. Renu Gupta, have a cause of action to maintain the present suit after she deliberately relinquished her claim in the suit property.
Coram
MANMEET PRITAM SINGH ARORA
Case details
As recorded by the court registry
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