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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