8d3ed862f28e8951886ff83d6eeaeb6c47f6dced68d8e2d7536bd8c432d4c4b2

Delhi High Court · 28 Jan 2011 · 2011:DHC:10280
S. L. Bhayana
C.R.P. No. 180/2010
2011:DHC:10280
civil appeal_dismissed

AI Summary

The court held that a plaintiff can relinquish part of the suit land after partial government acquisition and dismissal of amendment application, thus maintaining the suit's maintainability.

Full Text
Translation output
% 28.O1.201L present: Mr. Madan Lal sharma, Adv. for the petitioners'
C.R.P. No. L8Q/2OI.O
This petition has been filed by the petitioners under section
+
)F a l-
--1.
\
_F:- f-
'€ r\_
P-
JUDGMENT

115 CPC challenging the impugned order dated 07.09.20l-0 whereby the preliminary issue with regard to the maintainability of the suit was decided in favour of respondent Nos' 1 to 52' The relevant portion of the impugned order is as under:- .t.Ld.Counse|forplaintiffsexplainedthatthereWaS khasra bearing ru6. Zf f but after a part .of it was acquiredby"theGovernmentthroughaward mentioned a'bove, the remaining land has been given numberaskhasraNo.Tlll1(min)asisc|earfrom thewrittenstatementfi|edbydefendanthimse|f. Ld.Counse|forp|aintiffsubmitsthatevenifan applicationfiIedbytheSameunderorder6RuIe17 was declined by this court, the plaintiffs are at liberty to relinquish a portion of suit land, which has already been acquired bY the government' SaiO plea is ' opposed by ld' Counsel for defendant slating that when the prayer of plaintiff seeking amendmLnt in the plaint.tras already been dismisied by the court, the plaintiff cannot resort to same relief 5y of relinquishing a part of suit land. Iamnotinconsonancewithld.Counse|for defendant on this point. The plaintiff is always free to relinquish any portion of his claim' On the nisis of above discussion, I do not find suit of plaintiff as not maintainable. Pre|iminaryissueaboutmaintainabilityofsuit is thus decided against the defendant and in favour of Plaintiff. 2011:DHC:10280 lhavegonethroughtheimpugnedorderpassedby|earned trial Court. I do not find any infirmity in the order passed by learned trial Court. Dismissed. A copy of this order be sent to learned trial court for compliance. <7r" s.L. BHAYANA, J. ,\- JANUARY 28, zoLL \. 2011:DHC:10280

JUDGMENT