Supreme Court · 2008 INSC 552 · Decided 29 April 2008
Kamala & ORS. v. K.T. Eshwara Sa & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 552 · [2008] 7 S.C.R. 39
- Case number
- CIVIL APPEAL No. 3038/2008
- Decided
- 29 April 2008
- Bench
- S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 12
Headnote
Code of Civil Procedure, 1973: 0. 7 r.11 (d) - Invoking of - Held: For invoking 0. 7 r.11 (d), no amount of evidence can be looked into and averments made in plaint only relevant - c The questions as to whether suit is barred by principle of res judicata or property is available for partition are into in a proceeding under 0. 7 r.11 (d). In an earlier suit for partition a preliminary decree was passed by trial Court declaring the share of plaintiff to be D f 1/4th of the joint family property. A final decree proceedings was initiated. During the pendency of the said proceedings, the
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