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Suit for partition of joint property cannot be dismissed wit

Raj Kumar Makkad ,
  06 January 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
respondent's father filed suit for partition of the joint properties which was decreed — High Court set aside the decree passed by the trial Court and remanded the matter back for fresh decision
Citation :
Dwarika Prasad Appellant versus Nirmala and others Respondents Date of Decision(mm/dd/yy): 12/17/2009. Judge(s): Hon'ble Mr. Justice B. Sudershan Reddy and Hon'ble Mr. Justice J.M. Panchal.
Subject Index: Civil Procedure Code, 1908 — Order IX Rule 9 read with Section 151 — respondent's father filed suit for partition of the joint properties which was decreed — High Court set aside the decree passed by the trial Court and remanded the matter back for fresh decision — against the order of remand, LPA filed by the respondent's father which was withdrawn by him later — after the death of respondent's father, respondent filed application for restoration of Civil suit and for recalling of order of LPA which was allowed by the High Court and also directed the Registrar of the High Court to file criminal proceedings against two advocates and the appellant for playing fraud upon the Court by forging the signatures of respondent's father for withdrawing the LPA — appeal — respondent's father claimed partition of the properties as one of the joint owners. Therefore, the suit for partition of the joint properties, filed by the late father of respondent No. 1, could not have been dismissed as withdrawn without notice to another brother, who was also entitled to share in the properties — held no illegality to the orders of the High Court dismissing the Revision Petition filed by the appellant — appeal dismissed — no cost.

 
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Published in Civil Law
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