HARI KRISHAN DASS Vs. JAI KRISHAN DASS

JUDGEMENT

(1.) . The question that has arisen for consideration is whether the 15 items of properties, mentioned in the list filed by first defendant Jai Kishan Dass on 9.8.1982 i.e. 14 years ago are joint family properties available for partition.

(2.) . In this suit a preliminary decree was passed on 17th of May 1979 in respect of properties that were subject matter of the suit. The parties were given liberty of claiming rights in any other items of properties left out in the suit. The idea apparently was that if there were any other properties remaining undivided they could also be brought into the common pool and divided, instead of parties launching fresh litigations. But Jai Kishan Dass has determined not to allow the litigation to see the end and he has been filing applications after applications, which are wholly frivolous and in spite of orders being against him, even though vanquished he would still file applications for the same relief.

(3.) . A perusal of the order passed by this Court, in particular, order of D.R. Khanna, J. and order of Y.K. Sabharwal, J. would show how adamant he is in his unreasonable stand. He does not seem to relent. Reverting from a slight digression to the brass tacks, on 27.7.82 this Court gave an opportunity to the parties to file a list of properties, which according to them are partible. Other parties did not give any list and as I had mentioned Jai Kishan Dass alone filed a list on 9.8.1982 without giving any details. He would take out summons to banks and other institutions without giving particulars and he would instruct his counsel to ask for adjournments on some pretext or the other. At long last, the matter was taken up for trial to adjudicate on the question.