Limitation in partition suits is a mixed question of law and fact — cannot be determined at threshold stage. Partition suit cause of action is recurring, crystallising only upon refusal of demand for partition. Article 113 residuary period applies.
["Limitation in partition suits is mixed question of law and fact","Cannot be determined at threshold under Order VII Rule 11","Cause of action is recurring crystallises on refusal of demand","Article 113 residuary period applies","Period runs from maturity of right to sue not property acquisition"]
[Cites 5 , Cited by 0 ]
Delhi High Court - Orders
Vibhuti Jauhari & Anr vs Anita Munjal And Ors & Anr. & Anr on 24 November, 2025
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) 145/2025
VIBHUTI JAUHARI & ANR. .....Appellants
Through: Mr. Krishnan Venugopal, Sr.
Adv. along with Ms. Prity
Sharma, Mr. Shikhar Shant and
Ms. Umang Motiyani, Advs.
versus
ANITA MUNJAL AND ORS & ANR. & ANR. ...Respondents
Through: Mr. Samrat Nigam, Sr. Adv.
along with Ms. Priyanka Dagar,
Mr. Anand Dabas, Mr. Ajay
Dabas, Mr. Ravi Dagar, Ms.
Arpita Rawat & Mr. Rishikesh
Singh, Advocates for R-1.
CORAM:
HON'BLE MR. JUSTICE ANIL KSHETARPAL
HON'BLE MR. JUSTICE HARISH VAIDYANATHAN
SHANKAR
ORDER
% 24.11.2025
CAV 454/2025
1. Since learned Senior counsel for the Respondent No. 1 has
entered appearance, the Caveat stands discharged.
CM APPL. 73475/2025 (Ex. from filing certified copies of
Judgment and Orders) & CM APPL. 73477/2025 (Ex. from filing
lengthy synopsis and list of dates)
2. Allowed, subject to all just exceptions.
3. The applications stand disposed of.
CM APPL. 73478/2025 (Delay of 1 days in Re-filing the appeal)
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4. By way of the present application filed under Section 5 of the
Limitation Act, 1963 read with Section 151 of the Code of Civil
Procedure, 1908, the Applicants/Appellants seek condonation of delay
of 1 day in re-filing the present appeal.
5. For the sufficient reasons stated in the application, the delay is
condoned.
6. Accordingly, the present application stands disposed of.
CM APPL. 73476/2025 (Delay of 1 days in filing the appeal)
7. By way of the present application filed under Section 5 of the
Limitation Act, 1963 read with Section 151 of the Code of Civil
Procedure, 1908, the Applicants/Appellants seek condonation of delay
of 1 day in filing the present appeal.
8. For the sufficient reasons stated in the application, the delay is
condoned.
9. Accordingly, the present application stands disposed of.
FAO(OS) 145/2025 & CM APPL. 73474/2025 (Stay)
10. The present Appeal, filed under Section 10 of the Delhi High
Court Act, 1966 read with Order XLI of the Code of Civil Procedure ,
1908, challenges the Judgment & Order dated 10.09.2025, passed by
the learned Single Judge of this Court in I.A. 14528/2022 filed in case
being CS(OS) 4/2020, titled " Anita Munjal v. Vibhuti Jauhari &
Ors. ".
11. Learned counsel for the Respondent No.1 fairly admits that
there is no averment with regard to the fact that the suit property was a
Joint Hindu Family property. He submits that one property was
purchased in the name of Sh. Vinay Jauhari in the year 1984, whereas
the other property was jointly in the name of Smt. Kaushalya Jauhari
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and Sh. Vinay Jauhari.
12. He, however, submits that both the properties were purchased
from the funds of late Sh. D.D. Jauhari, who was their common
ancestor. He further submits that Smt. Kaushalya Jauhari had gifted
her share in favour of Sh. Vinay Jauhari, however, an application for
permission to amend the plaint is still pending before the learned
Single Judge.
13. On a specific query raised by the Court, as to how the Plaintiffs
have cause of action, particularly in absence of any plea with regard to
the Joint Hindu family property or declaration with regard to the gift
and Will, the learned counsel for the Respondent No. 1 prays for a
short adjournment to assist the Court.
14. List on 17.12.2025 in the category of "Supplementary List"
matters.
ANIL KSHETARPAL, J.
HARISH VAIDYANATHAN SHANKAR, J.
NOVEMBER 24, 2025/tk/kr
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 01/12/2025 at 20:44:43