Punjab-Haryana High Court
Jai Singh And Another vs Mahender Singh And Others on 24 March, 2014
Author: Rajiv Narain Raina
Bench: Rajiv Narain Raina
CR No.2177 of 2014
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No.2177 of 2014
Date of Decision: 24.03.2014
Jai Singh and another
..... Petitioners
Versus
Mahender Singh and others ..... Respondents
CORAM:- HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr. M.K. Mittal, Advocate,
for the petitioners.
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
RAJIV NARAIN RAINA, J.(Oral)
The challenge in the present petition is to an order passed by the trial Judge in a suit for partition declining the defendants' prayer for casting an additional issue, to wit, whether the suit for partial partition is not maintainable. It is not disputed before me that the plea of non- maintainability of a suit for partial partition is a pure question of law and to determine the question whether the suit is maintainable or not, no evidence is required only to prove a legal principle and to its applicability in the facts of the case already on record. The stage of the suit is at the fag end. The parties have let in their respective evidences.
In the considered view of this Court instead of interfering in this matter at the near end of the trial and ordering the framing of an additional issue as above it would suffice if the defendant is given freedom to urge before the trial judge for it to decide on the legal issue whether partial partition is maintainable or not on the basis of statutory law, case law, Mittal Manju 2014.03.27 14:15 I attest to the accuracy and integrity of this document Chandigarh CR No.2177 of 2014 -2- practice and procedure relating to division of property among family members and co-sharers, albeit partially. Accordingly, interference in the matter is declined but the legal issue of partial partition is kept open to be debated before the trial Court at the final hearing on the strength of law applicable on the subject matter for which no evidence is required. Since the evidence of both the plaintiffs and the defendants stand recorded the issue can be examined on the strength of the materials available on record.
With the above observations and directions, this petition stands disposed of with the aforesaid liberty.
Order dasti.
(RAJIV NARAIN RAINA) JUDGE 24.03.2014 manju Mittal Manju 2014.03.27 14:15 I attest to the accuracy and integrity of this document Chandigarh