Friday, 28 December 2018

Whether suit for partition is barred if previous suit for partial partition was dismissed?

 I have heard learned counsel for the parties, appraised the paper book and of the view that there is no force and merit in the submissions of Mr. Gill, for, in the previous round of litigation, the property amongst both co-sharers was not denied to be joint. The suit was dismissed for partial partition. The dismissal of the suit for partial partition would not bar the party to seek separate possession by way of partition. The relationship of the parties as stated by the plaintiffs had not been rebutted by the defendants by bringing on record the evidence. The previous suit was only dismissed for want of partition and therefore, the subsequent suit could not be barred by principle akin to res judicata or under Order 2, Rule 2, CPC. The status of the co-sharers remained intact even after dismissal of the suit for want of complete partition i.e. by partial partition.

IN THE HIGH COURT OF PUNJAB AND HARYANA

RSA No. 4199 of 2011

Decided On: 03.05.2018

 Gurdev Singh  Vs. Ajmer Singh 


Hon'ble Judges/Coram:
Amit Rawal, J.

Citation: AIR 2018 P&H 197.
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