In The trial of a suit commences with the framing of issues. The
trial of the suit commences at the stage of the first witness of the
plaintiff adducing evidence and concludes with the argument of the
parties. In the case of Samar Singh v. Kedar Nath & Ors. reported in
AIR 1987 SC 1926 the Supreme Court held that Order VII Rule 11 of the
Code does not ,either expressly or by necessary implication, provide
that the power under the said provision should be exercised at a
particular stage only and in the absence of any restriction placed by
the statutory provision, it is open to the Court to exercise that power
at any stage. Even in the subsequent decision in the case of Saleem Bhai
and Ors. (supra) relied upon by the defendant petitioner the Supreme
Court held that the trial Court can exercise power under Order VII Rule
11 of the Code, at any stage of the suit and at any time before the
conclusion of the trial.
Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law
Cause Title : Bhagwant Singh vs Financial Commissioner (Appeals) Punjab, Chandigarh, CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties. On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...
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