Supreme Court · 2013 INSC 411 · Decided 2 July 2013
Vathsala Manickavasagam & ORS. v. N. Ganesan & ANR.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 411 · [2013] 7 S.C.R. 320
- Case number
- CIVIL APPEAL No. 1241/2005
- Decided
- 2 July 2013
- Bench
- B.S. CHAUHAN, F.M. IBRAHIM KALIFULLA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 96; Evidence Act Section 17; Transfer of Property Act Section 122
Headnote
CODE OF CIVIL PROCEDURE, 1908: s. 96 - First appeal - Suit for partition decreed by trial court holding the suit properties as joint family properties relying on the statement made by first defendant in a letter as admissible - High Court reversed the judgment without 0 said letter - Held: Non consideration of the letter by the Division Bench of the High Court, would certainly amount to total misreading of the evidence, while interfering with the judgment of the trial court - Similarly, the Division Bench miserably failed to examine E the issue relating to gift
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