USHA ARORA Vs. JAGDISH CHANDER VERMA & ANR

JUDGEMENT

(1.) This revision petition is directed against order dated 01.09.2012 of ADJ, Central whereby an application under Order 12 Rule 6 CPC read with Order 7 Rule 11 CPC, filed by the petitioner, who was defendant No. 3 in the suit, was dismissed.

(2.) The respondents had filed a suit for partition against the petitioner and other defendants. They had sought partition of the suit premises on the plea of the same being the Joint Hindu Family property of late Shri Kalu Ram. The defendants including the petitioner were contesting the suit and one of their pleas was that the suit premises was self acquired property of late Kalu Ram. They had also taken the plea that Kalu Ram had executed a registered Will dated 30.08.1972 in favour of his wife Bhagwanti Verma. Subsequently, the respondents conceded to the plea of the defendants that the suit property was self acquired property of late Kalu Ram. On such a plea being taken by the respondent/plaintiff, the defendants including the petitioner filed the instant application under Order 12 Rule 6 read with Section 7 Rule 11 CPC stating that this amounted to unequivocal and unconditional admission on the part of the respondents that the suit premises was self acquired property of Kalu Ram and that being so, there does not survive any cause of action in their favour. In response to the application, it was submitted by the respondents/plaintiffs that respondent Jagdish Chander Verma S/o Kalu Ram is aged 82 and since he intends to see the outcome of the suit during his life time, he gave up the plea of suit property being a joint Hindu Family property. They, however, denied that giving up the plea of the suit property being Joint Hindu Family Property amounted to admission on their part and would render the suit without cause of action.

(3.) The learned ADJ dismissed the application observing as under: