Jyoti Toppo vs Albinus Toppo And Ors
2025 Latest Caselaw 1212 Jhar

Jharkhand High Court

Jyoti Toppo vs Albinus Toppo And Ors on 29 July, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                   S.A. No. 207 of 2023

                Jyoti Toppo                                    ...      ...     Appellant
                                           Versus
                Albinus Toppo and Ors.                  ...        ...        Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellant : Ms. Rinku Bhakat, Advocate For the Respondents :

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08/29.07.2025 Learned counsel for the appellant is present.

2. Learned counsel for the appellant has submitted that the suit for partition was decreed after the defendant was debarred from filing written statement. The learned 1st appellate court held that the service was proper and the defendant was debarred from filing written statement and decided the issue in favour of the plaintiff who was respondent before the learned 1st appellate court. She submits that in spite of the aforesaid, the learned 1st appellate court held that the suit was not maintainable and that the suit for partial partition could not be maintained. The learned 1st appellate court also observed that the party will be at liberty, if so desired, to file fresh partition suit and the judgment will not operate as res judicata.

3. The learned counsel has submitted that the property was not coparcenary property, rather the property was standing in the name of the mother of the plaintiff and the defendant and the same was required to be partitioned half-and-half which was done by the learned trial court. She submits that this aspect of the matter was not considered properly .

4. This appeal is admitted for hearing on the following substantial question of law:

"Whether the property involved in the present case could be termed as ancestral property and whether the learned 1st appellate court was justified in holding the suit not maintainable by holding that the suit was for partial partition?

5. Issue to the respondents under ordinary process, for which requisites etc. be filed by the appellant within a period of 15 days from today.

6. Let the records be called for from the learned courts concerned.

7. Post this case on 29th October 2025.

8. Let this order be communicated to the learned court concerned through 'FAX'.

(Anubha Rawat Choudhary, J.) Pankaj