Supreme Court · 1991 INSC 326 · Decided 6 December 1991
SMT. Ambalika Padhi and Anr v. Radhakrishna Padhi and ORS.
- Court
- Supreme Court of India
- Citation
- 1991 INSC 326 · [1991] SUPP. 3 S.C.R. 230
- Case number
- CIVIL APPEAL No. 3173/1981
- Decided
- 6 December 1991
- Bench
- M.M. PUNCHHI, B.P. JEEVAN REDDY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 7
Headnote
Code of Civil Procedure, 1908: Order 7, Rule 1 and Order 22, Rules 1 and 5-Suit for declaration of title--Plaintiff s death during pendency of suif--Substitution of legal represen­ C tatives, who were not natural heirs, on the basis of deed of settlement and will executed in their favour by framed-Maintainability of-Objection not taken , in trial cour~Whether could be permitted to be raised in appeal. One 'U' instituted a suit for declaration of title to, and confirmation· D of her possession over, the suit fands •. These lands were given to her in a partition,
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