HARICHINTAN SINGH MALIK Vs. SMRANJIT SINGH MALIK

JUDGEMENT

(1.) . This is an application by the plaintiffs for permission to withdraw the present suit with liberty to institute a fresh suit on the same cause of action.

(2.) . Brief facts which gave rise to the present application are as under: that the plaintiffs have filed a suit for partition of the property fully shown in the schedule given at the foot of the plaint i.e., 4, Bhagwan Dass Road, New Delhi. On July 19, 1997 after the institution of the suit the plaintiffs came to know in March 1998 with regard to the existence of an award dated April 1, 1955. The said award is illegal and invalid inasmuch as Shri Subachinthan Singh Malik, father of plaintiff No.1 and husband of plaintiff No.2, was made to sign an arbitration agreement dated March 27, 1955 to refer the matter to the arbitration of Shri Hardit Singh Malikdon by fraud and mis-representation. Shri Subachinthan Singh Malik was a man of un-sound mind. The said fact is fully manifest from the fact that a trustee was appointed to manage his properties bequeathed to him through a Will. The plaintiffs have come to know of these facts during the pendency of the present suit.

(3.) . Shri Subachinthan Singh Malik was to have only 30% share in the property in suit and that too for his life-time as per the said award. Furthermore as per the award the share of Subachinthan Singh Malik i.e., 30% in the suit property which was a life interest which fell to his share was to be managed by trustees named in the will of Sir Teja Singh Malik. It was further ordered therein that in case Shri Subachinthan Singh Malik married again, then his share will devolve upon his sons and daughters by his second wife. In the above circumstances it has become necessary to challenge the said award. In case the said award is not challenged the suit is likely to fail. It has thus been prayed that the plaintiffs be permitted to withdraw the present suit with liberty to file a fresh suit on the same cause of action.