whether non-disclosure of will in a partition suit is sufficient ground to reject the plaint?

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Shubham Budhiraja[1]

A filed a partition suit against B. B filed Order 7 R11 seeking rejection of plaint on two grounds (i) court fees, (ii) concealment of will. The Hon'ble High Court rejected the aforesaid Application and held that:[2]

 

(I)                   Where relief of possession is consequential to the main relief of partition then no separate court is required for both subjects. The plaintiff has paid court fees equal to 1/5 of his share of the market value of property which is sufficient.

 

(II)                 The mandate of Section 68 of the Indian Evidence Act, 1872 has to be complied with even if the opposite party does not specifically deny execution of the document in the written statement.

 

 


[1] Advocate, Delhi High Court [LLB, ACS, BCOM(H)], Budhirajalawchambers@gmail.com , +91-9654055315

[2] Shampa Ghosh v. Alok Kumar Dey, CS(OS) 376/2020, Judgment dated 23/11/22, Neutral Citation 2022/DHC/005053

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