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High Court of Punjab and Haryana · body

2025 DAILYLAW 89389 (PNJ)

HARPAL SINGH & ORS v. DHAN SINGH & ORS

RSA/5863/2015 · 2025-07-29

Pankaj Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

(O&M) p. 1 POOJA SHARMA 2025.08.07 16:36 I attest to the accuracy and integrity of this document (O&M) p. 2 POOJA SHARMA 2025.08.07 16:36 I attest to the accuracy and integrity of this document (O&M) p. 3 “The rule requiring inclusion of the entire joint estate in a suit for partition is not a rigid and inelastic rule which can admit of no exception. This rule aims at preventing multiplicity of legal proceedings which must result if separate suit were to be instituted POOJA SHARMA 2025.08.07 16:36 I attest to the accuracy and integrity of this document (O&M) p. 4 in respect of fragments of joint estates. Normally speaking, it is more convenient to institute one suit for partition of all the joint properties and implead all the interested co-sharers so that all questions relating to the share of the various co-owners and the equitable distribution and adjustment of accounts can be finally determined. But this being a rule dictated by consideration of practical convenience and equity may justifiably be ignored when, in a given case there are cogent grounds for departing from it.” POOJA SHARMA 2025.08.07 16:36 I attest to the accuracy and integrity of this document (O&M) p. 5 POOJA SHARMA 2025.08.07 16:36 I attest to the accuracy and integrity of this document (O&M) p. 6 POOJA SHARMA 2025.08.07 16:36 I attest to the accuracy and integrity of this document