Supreme Court · 1974 INSC 263 · Decided 10 December 1974
Harihar Prasad Singh and ORS. v. Balmiki Prasad Singh and ORS.
- Court
- Supreme Court of India
- Citation
- 1974 INSC 263 · [1975] 2 S.C.R. 932
- Case number
- CIVIL APPEAL No. 760/1967
- Decided
- 10 December 1974
- Bench
- M. HAMEEDULLAH BEG, A. ALAGIRISWAMI, V.R. KRISHNA IYER (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Hindu Succession Act; Succession Act
Headnote
Hi11du Law-Successio11-Special family custom, Proof of. Code of Civil Procedure (Act 5 of 1908) 0.22 a1td 0.41, rr. 4 a1td 3.l­ F11i/ure to implead parties and legal represematives-Efject of. A suit was filed by the plaintiffs claiming to succeed to th~ estate of R,, a Bhu.mihar Brahmin. The the parties belonged, though under ordinary Hindu Law they would not be entitled' to succeed to !he estate being related to R in a distant degree. For establishini~ the custom the plaintiffs sought to prove 52 instances. The trial court held that 49 instances ·were proved and decreed the
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