Ajit Kumar @ Jeet Ram v. Manshi Devi (Deceased) Thr Her Lr And Others

In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 1172 of 2017 (O&M) Date of Decision: 30.01.2025 Ajit Kumar alias Jeet Ram (Deceased) through his Legal Representatives ... Petitioner(s)

Versus

Smt. Mansi Devi (Deceased) through her Legal Representatives and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Ankur Goyat, Advocate for Mr. Ramesh Goyat, Advocate for the petitioner(s).

Mr. Mrigank Sharma, Advocate for respondent No.4.

Anil Kshetarpal, J.

1.

This case presents a unique challenge. As many as four plaintiffs have filed a joint suit for declaration claiming to have become owners of the property. The plaintiff No.1 claims half share, whereas the plaintiffs No.2 to 4 claim the remaining half share in the suit property. One of the plaintiffs, namely Joginder died during the pendency of the suit. The plaintiff No.3 has filed an application for permission to amend the plaint to remove the plaintiff No.1 from the suit and claim the entire property amongst the plaintiffs No.2 to 4.

2.

The Trial Court allowed the application without appreciating the controversy involved in the present case. It is also evident that the Court was unaware of the fact that now there is an inter se dispute between the DEEPAK KUMAR BHARDWAJ 2025.01.31 14:39 I attest to the accuracy and integrity of this document

Civil Revision No. 1172 of 2017 (O&M) plaintiffs. Adjudication of the inter se disputes between the plaintiffs in a joint suit would be debatable.

3.

Keeping in view the aforesaid facts, the present revision petition is allowed and the impugned order is set aside. The matter is remitted back to the Trial Court to decide the matter afresh after considering all these aspects.

4.

The miscellaneous application(s) pending, if any, shall stand disposed of.

(Anil Kshetarpal) Judge January 30, 2025 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2025.01.31 14:39 I attest to the accuracy and integrity of this document