Skip to main content

In partition suit, every interested party deemed to be a plaintiff

Cause Title : A. Krishna Shenoy Vs Ganga Devi G. & Ors., Special Leave to Appeal (C) No(s). 8080/2019, 

Date of Judgment/Order : 11-09-2023

Corum : M. M. Sundresh; J., Prashant Kumar Mishra; J.

Citied: 

  1. Malluru Mallappa (Dead) Through Legal Representatives v. Kuruvathappa and Others, (2020) 4 SCC 313
  2. Somakka (Dead) by Legal Representatives v. K.P. Basavaraj (Dead) by Legal Representatives, (2022) 8 SCC 261

Background

A suit for partition was filed, on the first occasion in which the petitioner herein was arrayed as a defendant but his two sister were not arrayed as parties. An attempt made by them subsequently during the final hearing of the proceedings, did not yield any fruit. The preliminary decree passed in the said suit has become final as against the petitioner. Thereafter, the sisters filed an independent Suit seeking partition. During the pendency of the said suit, they filed an application seeking yet another preliminary decree in the earlier suit against the petitioner before us. Accordingly, a supplementary preliminary decree was passed, which, in turn, is confirmed under the impugned order. Challenging the same, the present special leave petition was filed.

The primary objection of the plaintiff was that the earlier Courts, have not taken into consideration the fact that the impleadment application filed by the contesting respondents was dismissed.

Judgment

The SC however dismissing the application observed that there is no error in the order executed by the lower courts. In a suit for partition, every interested party is deemed to be a plaintiff.  The fact that the applicants are the sisters of the petitioner is not in dispute and they ought to have been arrayed as defendants in the main suit itself.

The SC further observed that Law does not bar passing of numerous preliminary decrees.

Comments

Post a Comment

Most viewed this month

One Sided Clauses In Builder-Buyer Agreements Is An Unfair Trade Practice

In CIVIL APPEAL NO. 12238 OF 2018, Pioneer Urban Land & Infrastructure Ltd. vs Govindan Raghavan, an appeal was filed before the Supreme Court  by the builder against the order of the National Consumer Forum. The builder had relied upon various clauses of the Apartment Buyer’s Agreement to refute the claim of the respondent but was rejected by the commission which found the said clauses as wholly one-sided, unfair and unreasonable, and could not be relied upon. The Supreme Court on perusal of the Apartment Buyer’s Agreement found stark incongruities between the remedies available to both the parties. For example, Clause 6.4 (ii) of the Agreement entitles the Appellant – Builder to charge Interest @18% p.a. on account of any delay in payment of installments from the Respondent – Flat Purchaser. Clause 6.4 (iii) of the Agreement entitles the Appellant – Builder to cancel the allotment and terminate the Agreement, if any installment remains in arrears for more than 30 da...
Post a Comment
Read more

Inherited property of childless hindu woman devolve onto heirs of her parents

In Tarabai Dagdu Nitanware vs Narayan Keru Nitanware, quashing an order passed by a joint civil judge junior division, Pune, the Bombay High Court has held that under Section 15 of the Hindu Succession Act, any property inherited by a female Hindu from her father or mother, will devolve upon the heirs of her father/mother, if she dies without any children of her own, and not upon her husband. Justice Shalini Phansalkar Joshi was hearing a writ petition filed by relatives of one Sundarabai, who died issueless more than 45 years ago on June 18, 1962. Article referred:http://www.livelaw.in/property-inherited-female-hindu-parents-shall-devolve-upon-heirs-father-not-husband-dies-childless-bombay-hc-read-judgment/
Post a Comment
Read more

Court approached in the early stages of arbitration will prevail in all other subsequent proceedings

In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.
Post a Comment
Read more