ASHOK LAL CHOPRA Vs. MRS. KIRAN KAPOOR

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dtd. 16/10/2019 passed by learned Civil Judge, Dalhousie, District Chamba, Himachal Pradesh, whereby an application under S.10 CPC, having been filed by the petitioner/defendant No.1 (hereinafter, 'defendant No.1') in Civil Suit No. 180/13, for staying latter suit filed by the respondent No.1/plaintiff (hereinafter, 'plaintiff') i.e. Civil Suit No. 139 of 2010 pending in the court of learned Civil Judge, Dalhousie, District Chamba, came to be dismissed, defendant No.1 has approached this Court, in the instant proceedings filed under Art. 227 of the Constitution of India, praying therein to set aside the aforesaid order and allow the application under S.10 CPC, filed by the him.

(2.) Having heard learned counsel for the parties and perused the material available on record, vis-a-vis reasoning assigned in the order impugned in the instant proceedings, this court finds no illegality in the same and as such, no interference is called for.

(3.) Briefly the facts of the case as emerge from the record are that the plaintiff filed Civil Suit No. 1595 of 2007 in the High Court of Delhi, seeking partition of properties including properties situate in Dalhousie, District Chamba against defendant No.1. In the aforesaid suit, plaintiff prayed for decree of declaration in her favour to the effect that she is joint share holder of all the estate left behind by late Col. Pindi Dass Chopra (P.D. Chopra) to the extent of 1/8th share. In the aforesaid suit, plaintiff while praying for appointment of local commissioner also prayed for preliminary decree of partition qua the suit property and for decree of rendition of accounts in her favour and against the defendants with the direction to the defendants to render full accounts of profits so derived from the properties by them.