Supreme Court · 2015 INSC 30 · Decided 13 January 2015
Shasidhar & Others v. SMT.ASHWINI Uma Mathad &ANR.
- Court
- Supreme Court of India
- Citation
- 2015 INSC 30 · [2015] 2 S.C.R. 1
- Case number
- CIVIL APPEAL No. 324/2015
- Decided
- 13 January 2015
- Bench
- F.M. IBRAHIM KALIFULLA, ABHAY MANOHAR SAPRE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 96; Hindu Succession Act; Succession Act
Headnote
A B Code of Civil Procedure, 1908 - s. 96 rlw. Or. 41 r. 31 - First appeal - Scope of- Suit for partition by coparcener/co­ owner - Partially allowed by trial court in preliminary decree C - High Court order in first appeal was detriment to the defendants - On appeal, held: The High Court the issues which were material for proper disposal of the partition suit by going into merits of the claims - Being the first appellate court, it was duty of the High Court to decide D the appeal, keeping in view the scope and powers conferred u/s. 96 rlw. Or. 41 r. 31 - Suit- Partition suit.
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