Jai Singh And Others v. Ravinder Kumar And Others

RSA-2796-2025 (O&M) [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA-2796-2025 (O&M) Date of decision: 11.05.2026 Jai Singh and others ...Appellants

Versus

Ravinder Kumar and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:

Mr. Sunil Kumar Chaudhary, Advocate for Mr. Pradeep Virk, Advocate for the appellants. **** DEEPAK GUPTA, J. (ORAL) Suit for par22on regarding the property in dispute filed by the appellants - plain2ffs was decreed by the trial Court on 23.02.2015, but the appeal filed by some of the defendants was accepted by learned Addi2onal District Judge, Gurgaon on 14.11.2024. The principal reason for dismissing the suit for par22on is that the par2es are also co-sharers in the land comprising in Khasra No.385, which had not been included in the subject of the suit and as such, the suit was bad for par2al par22on. 2.

Against the aforesaid reversal, the present appeal was filed. However, on the previous date of hearing, statement was made by learned counsel for the appellants seeking permission to withdraw the main suit itself with liberty to file a fresh suit for same cause of ac2on by including all the joint proper2es of par2es including Khasra No.385. 3.

Learned counsel for the appellants has referred to Om Du and others vs. Leela Wa and others, CR No.5701-2013, decided by a coordinate Bench of this Court on 19.09.2013, wherein permission to withdraw the appeal was allowed in the same circumstances. Reliance has also been placed upon Thakur Balaram Singh vs. K. Achuta Rao and others YOGESH MEHTA 2026.05.11 17:24 I attest to the accuracy and integrity of this document

RSA-2796-2025 (O&M) [2] Law Finder Doc ID #875113.

4.

Learned counsel further refers to Order 23 Rule 1 (3) CPC as per which in case the Court is sa2sfied that a suit must fail by reason of some formal defect, the Court may grant permission to withdraw from such suit with liberty to ins2tute a fresh suit in respect of the subject maBer of such suit or such part of the claim.

5.

Since, non-joining of all the joint proper2es of par2es is a formal defect, as has been no2ced by the First Appellate Court, therefore, the prayer of the appellants is accepted. The main suit itself is permiBed to be withdrawn with liberty to ins2tute a fresh suit on the same cause of ac2on by including all the joint proper2es.

6.

Accordingly, the aforesaid appeal is hereby disposed of by gran2ng necessary permission to withdraw the suit with the aforesaid liberty.

Pending applica2on(s), if any, also stand disposed of. 11.05.2026 (DEEPAK GUPTA) Yogesh JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No YOGESH MEHTA 2026.05.11 17:24 I attest to the accuracy and integrity of this document