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