P&H: Rejection of Plaint - Refuses to Reject Partition Suit Over SARFAESI Auction Purchase and Non-Joinder Pleas

punjab-haryana
⚖️ Order Date: 30 Jul 2026
Headnotes

(v) Civil Procedure Code, 1908, O.7.R.11, O.1.R.9 — Rejection of plain — Non-joinder of parties — Plaint would not be liable to be rejected merely because married sister or other co-sharers have not been impleaded, since necessary parties can be impleaded at any stage at...

(ii) Civil Procedure Code, 1908, O.7.R.11 — Rejection of plain — Collusion — Plea that suit has been filed in collusion with brother of plaintiff cannot be made ground for rejection of plaint u/O.7.R.11 CPC, as such a plea cannot be decided in summary manner...

(iii) Civil Procedure Code, 1908, O.7.R.11, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, S.34 — Rejection of plaint — Partition suit — Right of plaintiff to seek partition of various properties cannot be curtailed on the ground that one...


Facts of the Case

P&H: Rejection of Plaint - Refuses to Reject Partition Suit Over SARFAESI Auction Purchase and Non-Joinder Pleas

The Punjab and Haryana High Court has dismissed a civil revision filed by a purchaser of property in SARFAESI auction, refusing to interfere with the trial court’s order that declined to reject a partition suit under Order VII Rule 11 of the Civil Procedure Code.

The dispute involved a property in Kaithal. According to the pleadings, the property owner had taken a loan from Hero Fin Corp, defaulted, and the property was sold in auction under the SARFAESI Act. The petitioner purchased the property in the auction. Later, one of the co-sharers filed a suit seeking partition and separate possession,...

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