Prahlad Singh vs Khushi Ram And Others on 27 November, 2009

Civil Revision No.973 of 2009(O&M)                                [1 ]




     IN THE HIGH COURT FOR THE STATES OF PUNJAB &
               HARYANA AT CHANDIGARH
                          ...

Civil Revision No.973 of 2009(O&M)

Decided on : November 27, 2009

Prahlad Singh
… Petitioner

VERSUS

Khushi Ram and others
… Respondents

CORAM :

HON’BLE MR.JUSTICE A.N.JINDAL

Present: Mr.Adarsh Jain,
Advocate for the petitioner.

Mr.Shiv Kumar,
Advocate for the respondents.

A.N.JINDAL, J.-

Heard.

The counsel for the petitioner – defendant has stated that the

evidence has already come on the record that there are other joint

properties of the parties, therefore, he wants to take a specific plea with

regard to partial partition. At the same time, counsel for the respondent –

plaintiff has stated that this legal question could be decided while

adjudicating upon the main issue with regard to partition and there is no

requirement of taking a fresh plea.

In the circumstances, the revision petition is dismissed.

However, the Trial Court is directed to decide the question of partial
Civil Revision No.973 of 2009(O&M) [2 ]

partition, while deciding the relief part of the suit.

Needless to state that the respondent – plaintiff may lead any

evidence in rebuttal to rebut the evidence already led by the petitioner –

defendant.

November 27, 2009                              ( A.N.JINDAL )
`gian'                                             JUDGE