Supreme Court · 2010 INSC 556 · Decided 30 August 2010
SMT. Ajambi (Dead) BY LRS. v. Roshanbi and ORS.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 556 · [2010] 10 S.C.R. 717
- Case number
- CIVIL APPEAL No. 7237/2010
- Decided
- 30 August 2010
- Bench
- MUKUNDAKAM SHARMA, ANIL R. DAVE (2-judge bench)
- Outcome
- Hearing Adjourned
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
B Code of Civil Procedure, 1908 - Or. XX/I, r. 5 - Suit seeking decree for partition and separate possession of 7/Bth y share in the property in question - Suit decreed - Decree set aside by First Appellate Court - Meanwhile the original defendant died and 'A' brought on record as his legal heir - of the trial court -'A' died, purportedly leaving behind a Will - Appellant, claiming herself D to be beneficiary under the Will, challenged the decree before the Supreme Court - Held: Disputed questions of fact having arisen in view of certain events after delivery of the judgment by the High
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