RAJ KUMAR Vs. RAM BHAJ BANSAL

JUDGEMENT

(1.) The plaintiff Raj Kumar instituted this suit against his father Ram Bhaj Bansal and against his father's three brothers viz. Ram Kumar, Laxmi Narayan and Narayan Dass, for a) declaration, b) partition, and, c) permanent and mandatory injunction.

(2.) The father of the plaintiff, defendant no.1, having died during the pendency of the suit, his heirs minus the plaintiff were substituted.

(3.) The suit came up for admission before the undersigned on 8th January, 2013, when doubts were expressed as to the maintainability thereof and on request of the counsel for the plaintiff, hearing adjourned to 15th January, 2013. The plaintiff thereafter sought amendment of the plaint which was allowed on 15th January, 2013. Though on 15th January, 2013 also doubts were expressed as to the maintainability of the suit on the plea of existence of an HUF, reasoning that the claim of the plaintiff was contrary to Commissioner of Wealth Tax Vs. Chander Sen, 1986 3 SCC 567 and Bhanwar Singh Vs. Puran, 2008 3 SCC 87, but finding that the plaintiff had sued as an indigent person, enquiry into the indigency of the plaintiff was ordered.