MAHIPAL SINGH Vs. JAI PAL SINGH & ORS

JUDGEMENT

(1.) I.A. 10571/2014 (u/O VII Rule 11 CPC)

(2.) The submission of learned counsel for the Defendant is that Defendant No.1 had preferred Civil Suit 95/2005 titled Jai Pal Singh & Anr v. Nand Ram Singh and Ors., in which the Plaintiff, Shri Mahipal Singh, was Defendant No.2. The said suit was filed by Shri Jai Pal Singh on 5 th July, 2005 seeking partition of one property being C-98, Khasra No.174, Main Road, Braham Puri, Chauhan Bangar, Matke Wali Gali, Delhi-110053. In the said suit, Shri Mahipal Singh had filed his written statement pleading that there are five other properties which had to be partitioned between the parties. In the replication, Shri Jai Pal Singh had taken a stand that those properties were already partitioned between the parties. The said suit came to be concluded by means of a settlement between the parties wherein the Court, after recording the settlement, had disposed of the suit.

(3.) He further submits that another suit being Suit No.28/2011 was also filed by Shri Mahipal Singh seeking partition. This suit was instituted in 2010. However, vide order dated 9th July, 2012, the said suit was dismissed. He, thus, submits that initially, Shri Jai Pal Singh had already submitted in the replication in the first suit that the properties were already partitioned and hence the cause of action for any suit for partition arose at that time in 2005. He further submits that even when the compromise was entered into in the first suit, no objection was ever raised in respect of any outstanding disputes between the parties. He also relies on an application under Order XXIII Rule 3 CPC filed in the said suit. He thus submits that the cause of action arose in 2005, the second suit was filed in 2010. Thus, the present suit filed in 2014 is barred by limitation.