Shashi Khanna v. Suresh Kapoor through Lrs Mrs Veena Suresh Kapoor & Ors.
Case brief
What is this about?
Amendment of plaint; partition suit; relief of declaration inherent in partition suit based on intestate succession; Section 31 Specific Relief Act 1963 not required; proviso to Order VI Rule 17 CPC; amendment after trial commenced; Basavaraj v. Indira (2024) 3 SCC 705 distinguished; suit at preliminary stage, issues not framed; liberty to frame separate issue on limitation; FAO(OS) 45/2025; Delhi High Court; appeal against order allowing amendment dismissed.
What did the court decide?
A plaintiff who sues for partition on the basis of intestate succession, and who is not a party to the Civil Court decree or the testamentary dispositions, is not required to file a suit under Section 31 of the Specific Relief Act, 1963; he merely needs to seek a declaration that such documents, if any, are not binding on his rights, and the relief of declaration is inherent in the suit for partition.