Supreme Court · 2024 INSC 165 · Decided 4 March 2024

Srinivas Raghavendrarao Desai (Dead) BY LRS. v. V. Kumar Vamanrao @ Alok and ORS.

Court
Supreme Court of India
Citation
2024 INSC 165 · [2024] 3 S.C.R. 46
Case number
CIVIL APPEAL No. 7293/2010
Decided
4 March 2024
Bench
C.T. RAVIKUMAR, RAJESH BINDAL (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

A suit was filed by the plaintiff claiming share in the suit schedule properties. The Judgment of the High Court placed reliance upon 1965 partition which was not the pleaded case in the plaint initially filed. Whether the High error in placing reliance upon the partition allegedly effected in the year 1965; whether evidence could be led beyond pleadings. Pleadings - Evidence beyond pleadings - Appellants submitted that the judgment of the High Court deserves to be set aside for the reason that

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