AMARJIT KAUR Vs. GURPREET SINGH

JUDGEMENT

(1.) THE present petition under Article 227 of the Constitution of India is a stark reminder of the fact that endemic delays in litigations are sought to be taken advantage of by unscrupulous litigants. I begin with this sentence, inasmuch as the facts narrated here-in-after show as to how a plaintiff who has obtained a preliminary decree way-back on 21.1.1983, i.e. over 27 years back has been frustrated in getting benefits of his 50% share in the disputed property, and a 50% share which is not disputed by any one till today.

(2.) THE property in question is property no.67/7, Behind Radio Colony, Kingsway Camp, Delhi. This property belonged to two brothers, Pritam Singh and Harbhajan Singh. Pritam Singh, one brother after the death of his other brother Harbhajan Singh filed a suit (hereinafter the subject suit) claiming a 50% share in the property and therefore asking for a decree for partition with respect to his 50% share in the property. Pritam Singh admitted that the other 50% share belonged to the branch of his late brother Sh. Harbhajan Singh. This suit which was filed in 1972 was ultimately decreed ex parte and a preliminary decree passed on 21.1.1983. THE effect of the preliminary decree is to grant 50% share to Sh.Pritam Singh and 50% share to the branch of late Sh. Harbhajan Singh. Pritam has expired during the pendency of the litigation and his branch is now represented by his son, respondent no.1 herein.

(3.) NOW the facts which have resulted in the present petition. The present petition concerns an application which was filed by Smt. Amarjit Kaur, widow and legal heir of Jatinder Pal Singh, and by which application filed on 27.10.2007 a prayer was made for setting aside/recalling of preliminary decree passed way back on 21.1.1983. This application (hereinafter the subject application) has been dismissed by the impugned order dated 17.2.2011 and hence the present petition impugning this order. The application has been dismissed inter alia on the following grounds:-