RANJANA ARORA Vs. SURENDER KUMAR ARORA & ORS

JUDGEMENT

(1.) The civil suit (presently registered as suit no. 613211/2016) was instituted by the petitioner on the original side of this Court in 1997, the prayer made being for partition of the subject property and rendition of accounts. The respondents who are defendants in the said suit are her siblings, all children and successors-in-interest of late Mr. Madan Lal Arora, the property which is the subject matter having been left behind by him as the estate. It appears reference has been made to a document described as last Will and testament of Mr. Madan Lal Arora. The written statement was filed by the first respondent (second defendant before the trial Court) jointly with other defendants wherein certain admissions qua the said Will came on record. By an application moved (IA No. 2203/2004), however, he sought permission to file a separate written statement. The said application was allowed by learned single Judge of this Court by order dated 08.12.2005. As a consequence of the said permission being granted, the first respondent (second defendant in the suit) brought on record pleadings about clash of interest between him on one hand and the other parties on the other, he consequently no longer bound by the admissions in the earlier pleadings.

(2.) The petitioner being the plaintiff took exception to withdrawal of admissions by FAO (OS) 238/2013 which was disposed of by a judgment dated 10.05.2013 of the division bench of this Court giving liberty for the appeal to be withdrawn and instead appropriate application being moved before the trial court (learned single Judge on the original side of this Court) for withdrawal of the order dated 08.12005.

(3.) The petitioner moved an application, pursuant to the liberty granted by the division bench in appeal, on 30.05.201 The application could not be disposed of while the suit was pending on the original side of this Court.