SHIW PRAKASH KAJARIA Vs. JUGAL KISHORE KAJARIA

JUDGEMENT

(1.) THIS is a suit for partition and administration pending for a considerable period of time as, true to the prevailing fashion, there is only interest in interlocutory applications and no interest in the final hearing of suits. One or more of the parties had given an impression earlier that this suit was inextricably connected with a suit filed in the year 1978 in which an application for amendment of the written statement filed by one of the defendants to retract an admission was disallowed by the single Bench, which decision was reversed in appeal; with the appellate Court judgment being the subject -matter of a pending petition for special leave to appeal before the Supreme Court. Both suits have been assigned to this Bench and have been adjourned on the ground of the pendency of the Supreme Court matter.

(2.) IT now appears that this later suit can proceed unimpeded, notwithstanding the earlier suit since this later suit appears to be the more comprehensive.

(3.) GA No.868 of 2012 is the plaintiff's application for recording the death of his mother, the defendant no.24. The death of the defendant no.24 on December 29, 2011, is recorded and GA No.868 of 2012 disposed of by requiring the name of the defendant no.24 to be deleted since the heirs of the defendant no.24 are already on record.