AMARJIT KAUR Vs. SATNAM KAUR

JUDGEMENT

(1.) THE Appellants are aggrieved by the judgment and order dated 13th august, 2008 passed by the learned Single Judge by virtue of which their plaint has been rejected under Order VII Rule 11 of Code of Civil Procedure (hereinafter referred to as 'cpc') on the ground that the Appellants had hot taken any leave or liberty under Order II Rule 2 CPC, while instituting their earlier suit for declaration.

(2.) BRIEFLY stated the material facts of this appeal, as alleged by the appellants, are that two brothers, namely, Harbhajan Singh and Pritam singh had purchased property bearing No. F-67, Radio Colony, Delhi - 110 009 vide registered Sale Deed dated 29th July, 1954. It is alleged that on 15th September, 1964 Harbhajan Singh executed a Will in favour of his nephew Jatinder Pal Singh and Smt. Satnam Kaur, while excluding his legal heirs. Subsequent to the death of Harbhajan Singh in August, 1967, his Will was probated on 28th May, 1971.

(3.) ON 22nd March, 1972, Pritam Singh filed a suit for partition being suit No. 206 of 1972 (hereinafter referred to as the 'initial partition Suit') in the District Court against legal heirs of Harbhajan Singh without impleading either Jatinder Pal Singh or Smt. Satnam Kaur. On 21st january, 1983 an ex-parte preliminary decree of partition was passed by the civil Judge.