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Judgment
78 paragraphs · 2,690 words
DEEPAK GUPTA, J.DEEPAK GUPTA, J.
| The petitioners, defendants No.1 and 2 before the learned trialThe petitioners, defendants No.1 and 2 before the learned trialThe petitioners, defendants No.1 and 2 before the learned trialThe petitioners, defendants No.1 and 2 before the learned trial | |||||
| Court, have invoked the revisional jurisdiction of this Court to assail the orderCourt, have invoked the revisional jurisdiction of this Court to assail the orderCourt, have invoked the revisional jurisdiction of this Court to assail the orderCourt, have invoked the revisional jurisdiction of this Court to assail the order | |||||
| dated 13.08.2026 pa | dated 13.08.2026 passed by the learned Civil Judge (Junior Division), Sangrur, | ssed by the learned Civil Judge (Junior Division), Sangrur,ssed by the learned Civil Judge (Junior Division), Sangrur, | |||
| whereby their application seeking stay of the proceedings for preparation of thewhereby their application seeking stay of the proceedings for preparation of thewhereby their application seeking stay of the proceedings for preparation of thewhereby their application seeking stay of the proceedings for preparation of the | |||||
| final decree in the partition suit has been dismissed.final decree in the partition suit has been dismissed.final decree in the partition suit has been dismissed. | |||||
| LearnedLearnedLearned counselcounselcounsel forforfor thethethe | petitionerspetitionerspetitioners submitssubmitssubmits thatthatthat ananan exexex | parteparte | ||||
| preliminarypreliminarypreliminarypreliminary | decreedecreedecreedecree ofofofof partitionpartitionpartitionpartition waswaswaswas passedpassedpassedpassed | onononon 06.04.202606.04.202606.04.202606.04.2026 andandandand thatthatthatthat | thethethethe | |||
| petitioners have already moved an application under Order IX Rule 13 read withpetitioners have already moved an application under Order IX Rule 13 read withpetitioners have already moved an application under Order IX Rule 13 read withpetitioners have already moved an application under Order IX Rule 13 read with | ||||||
| Section 151 CPC seeking setting aside of the said decree. It is contended thatSection 151 CPC seeking setting aside of the said decree. It is contended thatSection 151 CPC seeking setting aside of the said decree. It is contended thatSection 151 CPC seeking setting aside of the said decree. It is contended that | ||||||
| unless the final decre | unless the final decree proceedings are stayed, the petitioners would suffer | e proceedings are stayed, the petitioners would suffere proceedings are stayed, the petitioners would suffer | ||||
| prejudice in the event their application under Order IX Rule 13 CPC ultimatelyprejudice in the event their application under Order IX Rule 13 CPC ultimatelyprejudice in the event their application under Order IX Rule 13 CPC ultimatelyprejudice in the event their application under Order IX Rule 13 CPC ultimately | ||||||
succeeds.
| The submission, though attractive at first blush, does not meritThe submission, though attractive at first blush, does not meritThe submission, though attractive at first blush, does not meritThe submission, though attractive at first blush, does not merit | |||||
| acceptance in the facts and circumstancesacceptance in the facts and circumstances of the present case. | of the present case. | ||||
| The impugned order records that, according to the respondents, theThe impugned order records that, according to the respondents, theThe impugned order records that, according to the respondents, theThe impugned order records that, according to the respondents, the | |||||
| petitioners had appeared in the suit on 01.07.2023 and thereafter continued topetitioners had appeared in the suit on 01.07.2023 and thereafter continued topetitioners had appeared in the suit on 01.07.2023 and thereafter continued topetitioners had appeared in the suit on 01.07.2023 and thereafter continued to | |||||
| appear up toappear up toappear up toappear up to | 08.05.2025.08.05.2025.08.05.2025.08.05.2025. They failed toThey failed toThey failed toThey failed to | file replyfile replyfile replyfile reply totototo the application forthe application forthe application forthe application for | |||
| production of documents despite having availed several opportunities and even | of documents despite having availed several opportunities and evenof documents despite having availed several opportunities and evenof documents despite having availed several opportunities and even | ||||
| after imposition of costs, whereafter they were proceeded against ex parte. Theafter imposition of costs, whereafter they were proceeded against ex parte. Theafter imposition of costs, whereafter they were proceeded against ex parte. Theafter imposition of costs, whereafter they were proceeded against ex parte. The | |||||
| learned trial Court has further recorded that the petitioners have already filed anlearned trial Court has further recorded that the petitioners have already filed anlearned trial Court has further recorded that the petitioners have already filed anlearned trial Court has further recorded that the petitioners have already filed an | |||||
| application under Order | application under Order IX Rule 13 CPC and, after hearing the parties, an issue | IX Rule 13 CPC and, after hearing the parties, an issueIX Rule 13 CPC and, after hearing the parties, an issue | |||
| has been framed regarding the validity of the ex parte preliminary decree. Thehas been framed regarding the validity of the ex parte preliminary decree. Thehas been framed regarding the validity of the ex parte preliminary decree. Thehas been framed regarding the validity of the ex parte preliminary decree. The | |||||
| matter has been fixed for the petitioners' evidence.matter has been fixed for the petitioners' evidence.matter has been fixed for the petitioners' evidence. | |||||
| Thus, the petitioners are not remediless. Their grievance regarThus, the petitioners are not remediless. Their grievance regar | Thus, the petitioners are not remediless. Their grievance regarding | ding | ||
| the ex parte preliminary decree is already pending consideration before thethe ex parte preliminary decree is already pending consideration before thethe ex parte preliminary decree is already pending consideration before thethe ex parte preliminary decree is already pending consideration before the | ||||
| competent Court in proceedings under Order IX Rule 13 CPC. The mere filing ofcompetent Court in proceedings under Order IX Rule 13 CPC. The mere filing ofcompetent Court in proceedings under Order IX Rule 13 CPC. The mere filing ofcompetent Court in proceedings under Order IX Rule 13 CPC. The mere filing of | ||||
| such an application cannot, as a matter of course, confer upon the petitioners asuch an application cannot, as a matter of course, confer upon the petitioners asuch an application cannot, as a matter of course, confer upon the petitioners asuch an application cannot, as a matter of course, confer upon the petitioners a | ||||
| right to stall the consequential proceedings arising from the preliminary decree, | he consequential proceedings arising from the preliminary decree,he consequential proceedings arising from the preliminary decree,he consequential proceedings arising from the preliminary decree, | |||
| particularly when the record reflects that their ex parte status was preceded byparticularly when the record reflects that their ex parte status was preceded byparticularly when the record reflects that their ex parte status was preceded byparticularly when the record reflects that their ex parte status was preceded by | ||||
| their participation in the suit and their failure to comply with the opportunitiestheir participation in the suit and their failure to comply with the opportunitiestheir participation in the suit and their failure to comply with the opportunitiestheir participation in the suit and their failure to comply with the opportunities | ||||
| granted by the trial Courtgranted by the trial Court. | ||||
| The learned trial Court has also noticed that the proceedingsThe learned trial Court has also noticed that the proceedingsThe learned trial Court has also noticed that the proceedingsThe learned trial Court has also noticed that the proceedings | |||||
| presentlypresentlypresentlypresently | pendingpendingpendingpending forforforfor preparationpreparationpreparationpreparation ofofofof thethethethe | finalfinalfinalfinal decreedecreedecreedecree involve,involve,involve,involve, interinterinterinter | alia,alia,alia,alia, | ||
| measurementmeasurementmeasurementmeasurement | ofofofof thethethethe propertypropertypropertyproperty bybybyby thethethethe | FieldFieldFieldField KanungoKanungoKanungoKanungo throughthroughthroughthrough DGPSDGPSDGPSDGPS | andandandand | ||
| submission of a report regarding the factual psubmission of a report regarding the factual psubmission of a report regarding the factual position and proposed mode of | osition and proposed mode of | ||||
| partition. The Court has specifically recorded that the Field Kanungo is onlypartition. The Court has specifically recorded that the Field Kanungo is onlypartition. The Court has specifically recorded that the Field Kanungo is onlypartition. The Court has specifically recorded that the Field Kanungo is only | |||||
| required to place the factual position and proposed mode of partition before therequired to place the factual position and proposed mode of partition before therequired to place the factual position and proposed mode of partition before therequired to place the factual position and proposed mode of partition before the | |||||
Court.
| More importantly, the conduct of the petitioners does noMore importantly, the conduct of the petitioners does no | More importantly, the conduct of the petitioners does not justify | t justify | ||||
| exercise of the discretionary revisional jurisdiction in their favour. A party, whichexercise of the discretionary revisional jurisdiction in their favour. A party, whichexercise of the discretionary revisional jurisdiction in their favour. A party, whichexercise of the discretionary revisional jurisdiction in their favour. A party, which | ||||||
| has remained absent after participating in the proceedings and after availinghas remained absent after participating in the proceedings and after availinghas remained absent after participating in the proceedings and after availinghas remained absent after participating in the proceedings and after availing | ||||||
| opportunities cannot, merely by subsequently invoking Order IX Rule 13 CPC,opportunities cannot, merely by subsequently invoking Order IX Rule 13 CPC,opportunities cannot, merely by subsequently invoking Order IX Rule 13 CPC,opportunities cannot, merely by subsequently invoking Order IX Rule 13 CPC, | ||||||
| claim an automatic suspension of all consequential proceedings. The remedyan automatic suspension of all consequential proceedings. The remedyan automatic suspension of all consequential proceedings. The remedyan automatic suspension of all consequential proceedings. The remedy | ||||||
| under Order IX Rule 13 CPC has to be adjudicated on its own merits, and theunder Order IX Rule 13 CPC has to be adjudicated on its own merits, and theunder Order IX Rule 13 CPC has to be adjudicated on its own merits, and theunder Order IX Rule 13 CPC has to be adjudicated on its own merits, and the | ||||||
| petitioners would be entitled to establish their plea before the learned trialpetitioners would be entitled to establish their plea before the learned trialpetitioners would be entitled to establish their plea before the learned trialpetitioners would be entitled to establish their plea before the learned trial | ||||||
Court.
| At this stage, howev | At this stage, however, no ground is made out for interdicting theer, no ground is made out for interdicting theer, no ground is made out for interdicting the | |||||
| final decree proceedings altogether. The observation of the learned trial Courtfinal decree proceedings altogether. The observation of the learned trial Courtfinal decree proceedings altogether. The observation of the learned trial Courtfinal decree proceedings altogether. The observation of the learned trial Court | ||||||
| regarding the petitioners not having approached the Court with entirely cleanregarding the petitioners not having approached the Court with entirely cleanregarding the petitioners not having approached the Court with entirely cleanregarding the petitioners not having approached the Court with entirely clean | ||||||
| hands also cannot be said to be wholly irrelevant.hands also cannot be said to be wholly irrelevant.hands also cannot be said to be wholly irrelevant. The Court has recorded that | The Court has recorded that | |||||
| when the Field Kanungo went to the spot, members of the Kisan Unionwhen the Field Kanungo went to the spot, members of the Kisan Unionwhen the Field Kanungo went to the spot, members of the Kisan Unionwhen the Field Kanungo went to the spot, members of the Kisan Union | ||||||
| obstructed him from carrying out the proceedings and has noticed the questionobstructed him from carrying out the proceedings and has noticed the questionobstructed him from carrying out the proceedings and has noticed the questionobstructed him from carrying out the proceedings and has noticed the question | |||||
| whether such obstruction was at the behest of the petitioners. Though this Courtwhether such obstruction was at the behest of the petitioners. Though this Courtwhether such obstruction was at the behest of the petitioners. Though this Courtwhether such obstruction was at the behest of the petitioners. Though this Court | |||||
| does not propose to return any finding on that allegation, the overall conduct ofoes not propose to return any finding on that allegation, the overall conduct ofoes not propose to return any finding on that allegation, the overall conduct ofoes not propose to return any finding on that allegation, the overall conduct of | |||||
| the petitioners, as emerging from the impugned order, certainly does notthe petitioners, as emerging from the impugned order, certainly does notthe petitioners, as emerging from the impugned order, certainly does notthe petitioners, as emerging from the impugned order, certainly does not | |||||
| warrant an equitable order staying the consequential proceedings.warrant an equitable order staying the consequential proceedings.warrant an equitable order staying the consequential proceedings. | |||||
| At the same time, the pendencyAt the same time, the pendency | At the same time, the pendency of the application under Order IX | At the same time, the pendency of the application under Order IXof the application under Order IX | ||||
| Rule 13 CPC deserves to be appropriately safeguarded. Continuation of the finalRule 13 CPC deserves to be appropriately safeguarded. Continuation of the finalRule 13 CPC deserves to be appropriately safeguarded. Continuation of the finalRule 13 CPC deserves to be appropriately safeguarded. Continuation of the final | ||||||
| decree proceedings should not be construed as foreclosing or prejudicing thedecree proceedings should not be construed as foreclosing or prejudicing thedecree proceedings should not be construed as foreclosing or prejudicing thedecree proceedings should not be construed as foreclosing or prejudicing the | ||||||
| petitioners' statutory remedy. The final decree, if prepared, andpetitioners' statutory remedy. The final decree, if prepared, andpetitioners' statutory remedy. The final decree, if prepared, and any execution or | any execution or | |||||
| implementation thereof, would necessarily remain subject toimplementation thereof, would necessarily remain subject toimplementation thereof, would necessarily remain subject toimplementation thereof, would necessarily remain subject to | the ultimatethe ultimatethe ultimatethe ultimate | |||||
| outcome of the application under Order IX Rule 13 CPC.outcome of the application under Order IX Rule 13 CPC.outcome of the application under Order IX Rule 13 CPC. | ||||||
| Consequently,Consequently,Consequently, thethethe presentpresentpresent | revisionrevisionrevision petitionpetitionpetition isisis | . ItIt | is,is, | |||||
| however, clarified that any final decre | however, clarified that any final decree passed or any further proceedings taken | e passed or any further proceedings takene passed or any further proceedings taken | ||||||
| pursuant to the ex parte preliminary decree dated 06.04.2026 shall remainpursuant to the ex parte preliminary decree dated 06.04.2026 shall remainpursuant to the ex parte preliminary decree dated 06.04.2026 shall remainpursuant to the ex parte preliminary decree dated 06.04.2026 shall remain | ||||||||
| subject to the final outcome of the petitioners' application under Order IX Rulesubject to the final outcome of the petitioners' application under Order IX Rulesubject to the final outcome of the petitioners' application under Order IX Rulesubject to the final outcome of the petitioners' application under Order IX Rule | ||||||||
| 13 read with Section 151 CPC | 13 read with Section 151 CPC. In the event the said applica | . In the event the said application is ultimately | tion is ultimately | |||||
| allowed and the ex parte preliminary decree is set aside, the consequentialallowed and the ex parte preliminary decree is set aside, the consequentialallowed and the ex parte preliminary decree is set aside, the consequentialallowed and the ex parte preliminary decree is set aside, the consequential | ||||||||
| proceedings shall abide by and be dealt with in accordance with the order passedproceedings shall abide by and be dealt with in accordance with the order passedproceedings shall abide by and be dealt with in accordance with the order passedproceedings shall abide by and be dealt with in accordance with the order passed | ||||||||
| in those proceedings.in those proceedings. | ||||||||
| The learned trial Court shall endeavour to decide thThe learned trial Court shall endeavour to decide th | The learned trial Court shall endeavour to decide the application | e application | ||||
| under Order IX Rule 13 CPC expeditiously, in accordance with law, withoutunder Order IX Rule 13 CPC expeditiously, in accordance with law, withoutunder Order IX Rule 13 CPC expeditiously, in accordance with law, withoutunder Order IX Rule 13 CPC expeditiously, in accordance with law, without | ||||||
| granting unnecessary adjournments to either side. Nothing contained in thisgranting unnecessary adjournments to either side. Nothing contained in thisgranting unnecessary adjournments to either side. Nothing contained in thisgranting unnecessary adjournments to either side. Nothing contained in this | ||||||
| order shall be construed as an expression of opinion on the merits of theorder shall be construed as an expression of opinion on the merits of theorder shall be construed as an expression of opinion on the merits of theorder shall be construed as an expression of opinion on the merits of the | ||||||
| application under | application under Order IX Rule 13 CPC. The said application shall be decided | Order IX Rule 13 CPC. The said application shall be decidedOrder IX Rule 13 CPC. The said application shall be decided | ||||
| independently on the basis of the pleadings and evidence led by the parties.independently on the basis of the pleadings and evidence led by the parties.independently on the basis of the pleadings and evidence led by the parties. | ||||||
12.
PendingPendingPendingPending miscellaneousmiscellaneousmiscellaneousmiscellaneous application(s),application(s),application(s),application(s), ifififif any,any,any,any, shallshallshallshall alsoalsoalsoalso standstandstandstand disposed of.