VidhiSangh

Supreme Court of India · 05/05/2025

SAROJ SALKAN versus HUMA SINGH & ORS.

[2025] 6 S.C.R. 210 · 2025 INSC 632

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld the dismissal, under Order XII Rule 6 CPC and without any application by the defendants, of a daughter's suit for partition of her late father's properties, holding that the rule empowers a court on its own motion to dismiss a suit on the plaintiff's admissions, that the plaintiff could not go behind unchallenged consent decrees of 1977 and 1978 recognising her father and brother as owners, and that those decrees reflected a partition before 20 December 2004 so that the proviso to amended Section 6(1) of the Hindu Succession Act, 1956 excluded her claim.

Issues

  1. Whether a court may dismiss a suit under Order XII Rule 6 CPC on its own motion, without an application by the defendant, or whether dismissal at the threshold is possible only under Order VII Rule 11 CPC.
  2. Whether the plaintiff and her sister could go behind declaratory consent decrees passed in earlier suits (1972, 1977, 1978 and 1985) to which they or their father and brother were parties and which they had never challenged.
  3. Whether the sister who had purchased and later sold part of the Barota land could contend that it was coparcenary property.
  4. Whether amended Section 6 of the Hindu Succession Act, 1956 applied so as to confer coparcenary rights on the daughters.
  5. Whether the claim to the Anand Niketan house, held by the brother under a registered perpetual sub-lease of 1970, was barred by limitation and otherwise disclosed a cause of action.

Provisions considered

Held

Result

Appeal dismissed; dismissal of the partition suit under Order XII Rule 6 CPC, with liberty to approach the competent court at Sonepat for the Barota land, upheld.

Judgment PDF: Supreme Court of India, [2025] 6 S.C.R. 210.