P&H: Rejects Partition Appeal as res judicata, Finds No Substantial Question Of Law

punjab-haryana
⚖️ Order Date: 27 Oct 2026
Headnotes

Civil Procedure Code, 1908, S.11 — Res judicata — Subsequent partition suit — Application of S.11 CPC is not defeated merely because array of parties in subsequent suit is not identical in every detail — What is material is whether parties, or persons under whom...


Facts of the Case

P&H: Rejects Partition Appeal as res judicata, Finds No Substantial Question Of Law

The Punjab and Haryana High Court has dismissed Sujana’s regular second appeal against the rejection of a suit seeking partition of 4 kanal and 10 marla of land in Dumerkha Khurd, Narwana. Justice Deepak Gupta held that the concurrent findings of the courts below did not raise a substantial question of law warranting interference.

The appellant sought condonation of a 516-day delay in filing the appeal. The explanation was that her counsel had not informed her of the first appellate court’s decision and that she later learned of it through village rumours. The Court noted that a delay application must...

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