SURAJ MUNJAL Vs. CHANDAN MUNJAL & ORS

JUDGEMENT

(1.) The challenge in this appeal is to the order dated January 30, 2018 of the learned Single Judge whereby the learned Single Judge has by applying principles of Order 7 Rule 11 CPC read with Order 12 Rule 6 CPC, rejected the plaint insofar as first and second category of properties, mentioned as HUF properties, are concerned, as the suit does not contain necessary averments with regard to the causes of action of these properties being HUF properties. The learned Single Judge has granted liberty to the appellant to seek partition of any of the properties, which have been mentioned in the first or second category in case the appellant is co-owner of any such properties in terms of specific title deeds. The learned Single Judge has also directed the appellant to amend the plaint.

(2.) Some of the relevant facts necessary for the purpose of deciding this appeal are that the appellant filed a suit for partition, declaration and injunction. As per the plaint, vide para 5, the appellant has categorized the property of which partition is sought, as under:-

(3.) The plaintiff had sought the following prayers in the suit:-