The High Court dismissed the revision plea against an order allowing the sister-in-law's impleadment in a partition suit to avoid multiplicity of litigation among family members.
Revision application dismissed; the impugned order allowing impleadment was upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CR 7543/2013 1 120
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CR 7543/2013 Date of decision:09.12.2013
Kailash Chand
.............Petitioner
v.
Smt.Alka Kanodia and others
.............Respondents
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr.Sanjay Mittal,Advocate for the petitioner Jaswant Singh,J.(Oral)
Plaintiff is in revision assailing the order dated 5.10.2013 (P3) passed by the learned Civil Judge (Jr.Div.)Mohindergarh whereby application under Order 1 Rule 10 CPC moved by his sister-in-law Alka for her impleadment in a partition suit has been allowed.
The dispute is with regard to property left behind by Chandgi Ram. One of his sons Kailash Chand had filed a suit for partition against his brother Brishbhan and LRs of his other deceased brother Mahabir Parshad and sister Gita Devi on the basis of equal share in inheritance. During the pendency of the suit, the wife of one of the sons Brisbhan, namely Alka filed an application under Order 1 Rule 10 CPC for impleading herself with the plea that on the basis ofJoshi Rajinder Prashad 2013.12.09 17:09 I attest to the accuracy of this Order. High Court, Chandigarh.
CR 7543/2013 2 120
registered Will dated 8.7.1996 executed by deceased Chandgi Ram during his lifetime bequeathing his entire property upon her, she is the absolute owner of the property. The said application has been allowed
by the learned trial Court vide impugned order.
After hearing learned counsel for the petitioner, I find that the approach of the learned trial Court cannot be faulted with since the same is to avoid multiplicity of litigation between family members.
Dismissed.
09.12.2013 joshi
(Jaswant Singh) Judge
Joshi Rajinder Prashad 2013.12.09 17:09 I attest to the accuracy of this Order. High Court, Chandigarh.
1 issue framed by the court
Whether the Civil Judge was justified in allowing the application for impleadment of the sister-in-law under Order 1 Rule 10 CPC.
Colour shows how this judgement treated each authority
Joshi Rajinder PrashadExplained¶12
Joshi Rajinder Prashad
1 provisions across 1 enactments
Kailash Chand
Smt. Alka Kanodia
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
