Calcutta High Court
Samir Das vs Sukumar Das & Ors on 7 July, 2025
1
OD-09
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
Ordinary Original Civil Jurisdiction
GA. No./07/2022
In
In Suit No./327/2004
SAMIR DAS VERSUS SUKUMAR DAS & ORS.
Before:
The Hon'ble Justice BISWAROOP CHOWDHURY
Date: 07th JULY 2025
Appearance:
Mr. Samir Das, Adv.
...for the Plaintiff/Petitioner.
Sukumar Das & Ors., Adv.
...for the Defendants/Respondents.
The Court: This application filed by the Plaintiff/petitioner praying for the following
reliefs:
a) Declaration of the shares of the parties to this suit in the suit property more
particularly detailed in the schedules of Parts-I and II of Annexure 'A' and in
Annexure 'B' of the plaint and a preliminary decree be passed accordingly.
b) Appointment of a Commissioner of partition to frame a Scheme of partition
and divide the Suit Property by metes and bounds according to the shares
of the parties and allotment in severalty to the plaintiff a separate lot
according to the share of the plaintiff as may be determined.
c) The defendants and especially the defendant no. 1 be directed to render true
and faithful accounts of their dealings with the suit property and a decree
be passed to the extent of the sum found due and payable to the plaintiff
upon taking of such accounts.
It is the contention of the plaintiff/petitioner that although the partition suit
was contested for a long period but no fruitful outcome is derived from the same.
It is further contended that in the within statement all the defendants have
expressed their desire to partition with the suit property in accordance with 1/16th
share of the plaintiff/petitioner. It is also contended that in view of the admission
made by the respondents/defendants in their written statement the preliminary
decree in respect of the partition can be passed since the parties do not have any
dispute with regard to the share in respect of the properties which are intended to be
partitioned.
The petitioner/plaintiff has also filed supplementary affidavit with a prayer that
the suit be decreed in its preliminary form under Order 12 Rule 6 of the Code of Civil
Procedure declaring shares of the parties to schedule of part-I and II of Annexure 'A'
and in Annexure 'B' of the plaint.
Heard Learned Advocate for the parties perused the petition filed and materials
on record. Upon perusing the petition and upon hearing the Learned Advocates and
considering the written statement filed by Defendant no. 1, 2, 4 to 8, and 10 to 12 it
appears that the said defendants in para 14 of the written statement stated as
follows:
'The defendants are ready to partition the property in suit in accordance with
1/16th share of the plaintiff and the plaintiff never approached the defendants to
effect partition and there is no cause of action for instituting the suit and the
defendants pray that the properties in suit be partitioned according to the share of
the respective parties in suit.'
Upon considering the statement made in the written statement by defendant
no. 1, 2, 4 to 8, and 10 to 12 it appears that the said defendants have admitted the
share of the plaintiff and the defendants. Thus the said defendants have made
admissions with regard to the shares of the parties and hence Judgment can be
passed on admissions as per Order 6 Rule 12(1) of the Code of Civil Procedure. With
regard to Defendant no-3 and 9 as the said defendants did not file written statement
it has to be inferred that the said defendants are not at issue with the plaintiff on the
statements made in the plaint.
Thus the plaintiff/petitioner is entitled to an order for declaration of shares.
Let there be an order in terms of prayer (a) of the Notice of motion dated 6th day
of May 2022.
The parties do get a preliminary decree as prayed for in prayer(a) of the Notice
of Motion dated 6th day of May 2022. Let the preliminary Decree be drawn up and
completed in terms of this Order.
Parties are granted liberty to partition by metes and bounds in terms of
preliminary Decree failing which partition Commissioner is to be appointed.
Fix 02/08/2025 for report of amicable partition and further orders.
(BISWAROOP CHOWDHURY, J.)
A.Bhar(P.A)
