Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: CS 150/26
JITENDER Vs. KISHAN LAL AND ORS
28.04.2026
Fresh suit is received by way of assignment. It be checked and registered.
Present: Ms. Gyan Mitra, Ld. Counsel for plaintiff.
Plaintiff herein is suing his father/D-1 and his siblings (arrayed
as D-2 to D-6) for partition of various properties detailed in para 2 of the
plaint. Plaintiff traces title to the said properties to his grandfather Duli
Chand. I am told that Duli Chand had two sons namely Mool Chand and
Kishan/D-1. He also had three daughters namely Sukant, Dhaula and
Krishan. Neither Mool Chand nor the three daughters namely Sukant,
Dhaula and Krishan are parties. I am told that they all are dead. But, the
LRs of the said individuals are not party to this suit.
As per plaintiff’s case, the properties sought to be partitioned
were originally of Duli Chand and he, during his lifetime, gave the
properties to his two sons i.e. Mool Chand and Kishan Lal. Now, Kishan
Lal is alive. If it is presumed that Duli Chand could, in law, partition the
properties in the manner claimed, a question arises that will plaintiff have a
right to sue his father/Kishal Lal/D-1 for a share in the properties. Let
plaintiff clarify on this point. Plaintiff to also clarify as to whether, in law,
Duli Chand could orally partition his properties between his sons during his
lifetime and exclude his daughters from any share from his properties.
List on 18.05.2026.
AASHISH GUPTA
DJ-01/NE/KKD/DELHI
28.04.2026
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