BHAI BALBIR SINGH Vs. BHAI SARDAR SINGH

JUDGEMENT

(1.) A suit filed in 1984 is the subject matter of the present petition. One Late Bhai Sardar Singh had filed a suit for partition of joint family property against his siblings and other family members, who are legal heirs of Late Bhai Sunder Das. The suit was initially filed before this Court but was later transferred to the District Court, in view of the increase in pecuniary jurisdiction of the High Court. The original parties to the suit, except the Petitioner/Defendant No.3 - Bhai Balbir Singh (hereinafter, "Defendant No.3"), have since passed away.

(2.) The suit has remained pending all these years. Some part of the blame is on the Plaintiff - Bhai Sardar Singh, who allowed the suit to be dismissed in default on two occasions. The application seeking restoration of the suit was also dismissed. On 8th August, 2018, the suit was restored and on 4th September, 2018, two separate applications, seeking review of the order dated 8th August, 2018, as well as the order dated 1st May, 2018, which allowed the application for restoration of the application seeking restoration of the suit, were dismissed. The said orders have been impugned before this Court.

(3.) Ld. counsel for Defendant No.3 submits that various members of the family owned several valuable properties at Amrita Shergil Marg, Asaf Ali Road etc., which have been listed in Schedule A to the suit. Ld. counsel submits that his client is more than 80 years of age and despite the suit having been filed in 1984, the Respondents continue to keep it pending, thereby keeping Defendant No.3's title in property bearing No.9A, Amrita Shergil Marg, New Delhi, in doubt. Hence, he vehemently opposes the restoration of the suit and submits that the reasons given by the Respondents do not justify the restoration of the suit.