Punjab-Haryana High Court
Parkash Kaur And Another vs Amarjit Kaur And Others on 20 August, 2009
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Revision No.4713 of 2009
Date of Decision :20.08.2009.
Parkash Kaur and another .....Petitioners
versus
Amarjit Kaur and others .....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
Present : Mr.Anil Chawla, Advocate, for the petitioners
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1. Whether Reporters of Local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
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ORDER
Surya Kant, J. (Oral) This revision petition is directed against the order dated 6.3.2009 passed by the Additional Civil Judge (Senior Division), Baba Bakala, whereby an application under Order 7 Rule 11 CPC moved by the defendant-petitioners has been dismissed.
The respondent-plaintiff has filed a suit for declaration to the effect that she continuous to be co-sharer and co-owner to the extent of 1/3 share in the land fully described in the head note of the plaint, being daughter and sole legal heir of Mohan Singh son of Hakam Singh.
Upon notice, the defendant-petitioners moved an application under Order 7 Rule 11 CPC to reject the plaint, inter-alia, on the grounds C.R. No.4713 of 2009 2 that (i) the plaintiff has not attached any proof of being daughter of Mohan Singh and (ii) the suit is hopelessly time barred.
Both these objections, at this stage, have been turned down by the Civil Court and rightly so after observing that if it were true that the respondent-plaintiff is daughter of Mohan Singh, the inheritance never remains in abeyance and after the death of her father, she is deemed to have been inherited his estate. Similarly, there is no limitation period prescribed for a suit for declaration and joint possession claimed on the basis of inheritance.
No interference by this Court is called for in exercise of its revisional jurisdiction.
Dismissed.
20-08-2009 (SURYA KANT) Mohinder JUDGE