Allowed

Fauja Singh v. Chand Singh & Ors.

Punjab & Haryana HC13 Dec 2010CR/1799/2009

Case brief

AI extract

What is this about?

Revision against order rejecting amendment application in partition suit. Held: Suit for partition generally not time-barred. Plaintiff permitted to add omitted joint properties to avoid multiplicity of suits. Amendment allowed on payment of costs.

What did the court decide?

Exclusion of impugned order. Civil Revision allowed. Amendment application allowed on payment of Rs.15,000/-.

Fauja Singh Vs Chand Singh & Ors. — Partition | Punjab & Haryana HC (2010)

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Civil Revision No.1799 of 2009 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Revision No.1799 of 2009 (O&M) Date of decision: 13.12.2010

Fauja Singh

....Petitioner

Versus

Chand Singh and others

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....Respondents

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CORAM: HON'BLE MR. JUSTICE ALOK SINGH

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Present: - Mr. Arun Palli, Sr. Advocate, with

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Mr. Tarunvir Singh Lehal, Advocate, for the petitioner. Mr. B.S. Bhalla, Advocate, for the respondents.

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1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest?

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ALOK SINGH, J (ORAL)

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Plaintiff/petitioner has filed this petition challenging the order dated 2.3.2009 passed by Civil Judge (Junior Division), Moga, thereby rejecting the application seeking amendment in the plaint.

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Plaintiff has filed suit for partition. Defendants have taken plea that suit is bad for partial partition and some of the joint properties have not been joined in the plaint. On the objections being raised by the defendants, plaintiff has moved present application seeking amendment in the plaint adding the left out joint properties in the plaint, which was rejected by the learned trial Court.

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In the opinion of this Court, suit for partition ordinarily does not become time barred. Defendants have not taken plea of ouster. If some of the joint properties are left to be incorporated in the suit for partition, ordinarily plaintiff should be permitted to add those properties

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Civil Revision No.1799 of 2009 (O&M)

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-2-

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in the plaint to avoid multiplicity of the suit.

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In view of the above, present petition is allowed. Amendment application moved by the plaintiff also stands allowed on payment of cost of Rs.15,000/-, which is to be paid within one month from today.

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Parties are directed to appear before the trial Court on

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27.1.2011.

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(Alok Singh) Judge

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December 13, 2010 R.S.

Fauja Singh v. Chand Singh & Ors.

Case brief

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Fauja Singh v. Chand Singh & Ors.

Case brief

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