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SUNIL DUTTA MISHRA
Shanker Prasad – Appellant
Versus
Lakshmi Devi – Respondent
Sunil Dutta Mishra, J. – Heard Sri Ganpati Trivedi, learned senior counsel for the petitioner and Sri J.S. Arora, learned senior counsel for the opposite party no. 1.
2. This Civil Revision application has been filed against order dated 25.01.2017 passed by learned Sub Judge- VI, Patna in Title Partition Suit No. 434 of 2013 whereby the learned court below has rejected the petition of the petitioner filed under Order VII Rule 11 and Section 11 of the Code of Civil Procedure ( in short “CPC”).
3. The brief facts of the case are that plaintiff/opposite party no. 1 filed Title Partition Suit No. 434 of 2013. In the said suit plaintiff no. 1 Most. Kamla Devi ( died on 09.01.2014) is mother and plaintiff no. 2 Smt. Laxmi Devi is sister of defendants. The defendant no. 1 Dr. Shankar Prasad had filed a suit for partition in regard to joint family properties vide T.S. No. 62 of 1992. It is claimed that defendant nos. 1 and 2 pursuaded their mother, plaintiff no. 1 not to take due share since they will maintain her whole life with due respect and regard and also persuaded plaintiff no. 2 and defendant no. 3 (sisters) not to take any share by reiterating the same assurance which was given to t
Compromise decrees in partition suits involving minors without their inclusion are void and can be challenged based on coercion or lack of lawful procedure.
The main legal point established in the judgment is that a compromise deed, once recorded by the court, is lawful and binding, and a subsequent suit challenging the compromise decree is not maintaina....
(1) No suit shall lie to set aside a decree on the ground that compromise on which decree is based was not lawful.(2) Mere clever drafting would not permit plaintiff to make suit maintainable which o....
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