RADHESHYAM BHARTIA Vs. MANJU BHARTIA
HIGH COURT OF CALCUTTA
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DEBANGSU BASAK, J. -
(1.) In a suit for partition, the plaintiff has applied for a preliminary decree in respect of the properties described in Schedules A and B of the plaint.
(2.) Learned Advocate appearing for the plaintiff has submitted that, the shares amongst the parties are admitted. The defendant No.1 series have raised a specious plea with regard to the schedules of the properties involved in the suit for partition. The Court has the jurisdiction to pass a preliminary decree without identifying the properties involved in the suit. In support of such contentions, he has relied upon 2012 Volume 3 Supreme Court Cases 548 (Bimal Kumar and Anr. v. Shakuntala Debi and Ors.), All India Reporter 1998 Gujarat 27 (Heir of Barot Dansang Hirji and Ors. v. Barot Kanji Hirji and Ors.), All India Reporter 1923 Madras 147 (T. Ramaswami Aiyar v. T. Subramania Aiyar), 2014 Volume 2 High Court Cases (Cal) 230 (Smt. Gita Dey and Ors. v. Smt. Nalinibala Dey and Ors.), 2015 Volume 1 Calcutta High Court Notes 688 (Smt. Gita Dey and Ors. v. Smt. Nalinibala Dey and Ors.) and All India Reporter 1962 Supreme Court 1493 (R.B.S.S. Munnalal and Ors. v. S.S. Rajkumar and Ors.).
(3.) Learned Advocate appearing for the plaintiff has relied upon Order XX Rule 18 and Order XXVI Rules 13 and 14 of the Code of Civil Procedure, 1908 in respect of his contentions that, the Court can pass a number of preliminary decrees as the situation demands and that there is no impediment in the Court passing a preliminary decree declaring the shares of the parties by appointing a Commissioner of Partition to identify the properties and thereafter directing the partition of such identified properties. He has submitted that, the Court need not be detained till all the properties involved in the suit are identified for the purpose of declaring the shares of the parties in the suit properties. The exercise of identification of the properties can be done subsequent to the declaration of the shares of the parties in the suit.;
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