Supreme Court · 2001 INSC 73 · Decided 6 February 2001
Mahendra Kumar v. Lalchand and ANR.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 73 · [2001] 1 S.C.R. 877
- Case number
- CIVIL APPEAL No. 1051/2001
- Decided
- 6 February 2001
- Bench
- M.B. SHAH, S.N. PHUKAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 151
Headnote
B Code of Civil Procedure, 1908: Order XXJJ Rule 5-Motherfiled suit/or partition of properties claiming to be joint family properties between herself, her son and one l-Preliminary C decree passed holding that the mother and son would get equal share­ Subsequently, a document was introduced and l were having an equal share in the said properties-Appeals filed by son and l-Mother died during pendency of the appeals-Application D for substitution in both the appeals allowed-J filed an application before High Court contending that he was the legal representative (LR) under a Will
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