Supreme Court · 2003 INSC 481 · Decided 16 September 2003

Rajgopal (Dead) BY LRS. v. Kishan Gopal and ANR.

Court
Supreme Court of India
Citation
2003 INSC 481 · [2003] SUPP. 3 S.C.R. 732
Case number
CIVIL APPEAL No. 3829/2000
Decided
16 September 2003
Bench
Y.K. SABHARWAL, B.N. AGRAWAL (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

Hindu Adoptions and Maintenance Act, 1956-Adoption prior to the coming of the Act- 'Dwyamushyayana' form of adoption taking place­ Suit for declaration of title and recovery of possession claiming right of C inheritance-Trial Court decreeing the suit-First appellate court holding that there finality in earlier round of litigation­ Correctness of the-Held, on facts, the High Court, in earlier round, did not decide the question of adoption but had remanded back to first D appellate court to decide the appeal afresh-No specific averment in the pleadings on 1he question of

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