Partition suit
Aaarrvveee
(Querist) 11 May 2012
This query is : Resolved
Dear All,
I have following questions
The case was listed for admission/denial of documents However, None appeared on behalf of Def a,b,c and the counsel for Def e,f,g admitted the documents filed by the plaintiff.
Whether documents would be deemed to have been admitted by the Def a,b,c? and its consequences?
The def a,b,c are were proceeded ex-parte and ex-parte evidence has been concluded the def a,b,c have moved an application u/o 9 R 7 which is pending.The other defendants are supporting the case of the plaintiff.
The only defense of the Def a,b,c is that plaintiffs grand father has relinquished his share in favor of the father of Def A.
Hence the plaintiff has no right in the property.The alleged relinquishment is based on un- registered document.
The Def a,b,c are delaying the proceedings.
Is there any way the for speedy trial as the case is pending from last 10 years. Can court pass a decree based on the admissions by other defendants. As the suit is for partition of joint family property and Def a,b,c are trying to grab the property. the only question to adjudicate is whether the alleged relinquishment is valid or not.
Adv.R.P.Chugh
(Expert) 11 May 2012
The admissions given by other defendants would bind only them and not the others. Against those who have admitted file an application u/o 12 r 6 - for judgment on admissions pro tanto.
Shonee Kapoor
(Expert) 11 May 2012
Nothing more to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 11 May 2012
1 The admission of the documents by e.f.g. cannot bind other defendants and it shall be presumed that those documents of the plaintiff have not been admitted by rest of the defendants.
2. Untill and unless the suit is not decided on merit, no definite right accrues in favour of the plaintiff on the basis of admission of some of the defendants of his claim.
So far delay is concerned, you may go to high court and may get a direction for the trial court to dispose the matter within a stipulated period.
ashutosh mishra
(Expert) 12 May 2012
Admissions bind party who made it and not others even if they are same class people.So admission by one defendant would bind him alone and not other defendants.
However if they all have a similar interest and no collusion is proved between plaintiff and defendant making the admission,some circumstantial weight may arise depending upon totality of evidence on record.
