Supreme Court · 1978 INSC 62 · Decided 10 March 1978
Badri Narain Choudhary & ORS. v. Nilratan Sarkar
- Court
- Supreme Court of India
- Citation
- 1978 INSC 62 · [1978] 3 S.C.R. 467
- Case number
- CIVIL APPEAL No. 2388/1968
- Decided
- 10 March 1978
- Bench
- R.S. SARKARIA, P.S. KAILASAM (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
' 467 BADRI NARAIN CHOUDHARY & ORS. v. N!LRATAN SARKAR March 10, 1978 [R. S. SARKARIA AND P. S. KAILASAM, JJ.J Partition Act, 1893 Ss. 2 and 3, scope of-Interpretation of J~e pleadings­ Equity jurisdiction of the Courts-Powers of Court dehors provisions of Act. Jn a suit for the suit and in doillg so took recourse to the provisions of S. 3(2) of the Partition Act, 1893 as it could not be c_on­ veniently partitioned. _ The trial judge fixed the valuaition of the suit pre~1.ses C at Rs. 11,250/- and directed "that the suit premises being- incapable of
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