ASHWINI KUJUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner, who was substituted as defendant no.l(b) on death of his father-defendant no.1, is aggrieved of order dated 02.07.2016 passed in Partition Suit No.39 of 2010 by which the trial court has declined permission to file a separate written statement for taking a stand contrary to the stand of defendant no.1 in his written statement.

(2.) Title Partition Suit No.39 of 2010 was instituted by Dilip Kujur and eight others for a preliminary decree of partition claiming ' share in schedule 'A' property. Father of the petitioner has been arrayed as defendant no.1. Defendant Nos.2 and 3 are real brothers of defendant no.1 and defendant no.4 is Deputy Commissioner, Lohardaga.

(3.) Contending that on death of his father when the petitioner found that a joint written statement was filed obtaining signature of his father fraudulently, it was necessary for the petitioner to file a separate written statement, the learned counsel for the petitioner submits that once a plea of fraud has been set-up, the issue must be decided by the trial court.