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SUJIT NARAYAN PRASAD
Sunny Johar – Appellant
Versus
Bhupendra Pratap Singh – Respondent
JUDGMENT :
HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
1. This petition under Article 227 of the Constitution of India, whereby and whereunder, order dated 29.11.2022 passed by the Judicial Commissioner, Ranchi in Misc. Civil Application No.27 of 2021, arising out Civil Appeal No.23 of 2020 has been challenged whereby the learned court while setting aside the order of abetment, has come to the conclusion based upon the registered Will dated 09.08.2017 that the petitioner has a right to step into the shoes of deceased/appellant, as such, the prayer for impleading/substituting Bhupendra Pratap Singh and Akil Ahmad in Civil Appeal no.23 of 2020 after deleting the name of appellant, namely Pushpa Lata has been allowed.
2. The brief fact of the case as per the pleading made in the petition which requires to be enumerated, reads as under:-
3. It is the case of the petitioner that Saroja Rani, since deceased mother of the petitioner and the Proforma Opposite Party Nos. 3 and 4 filed Partition Suit No. 154 of 1985 against her mother Rani Brij Mani and her sister namely Sneh Lata Goel and Miss Pushpa Lata claiming a decree for partition of 1/4th for Share in the various properties mentioned in Sch
The court established that the validity of claims based on an unprobated Will must be determined through judicial proceedings, and that the absence of probate does not automatically invalidate such c....
The court established that the High Court's supervisory powers under Article 227 do not extend to correcting mere errors of law or fact, and that the rights claimed under an unprobated Will must be a....
The court established that under Order 1 Rule 10 of the CPC, parties with a legitimate interest in the subject matter of a suit may be added to ensure complete adjudication, and the High Court's supe....
In partition suits, the principle of transposition allows for the substitution of legal heirs even if some parties have died, provided the title is not in dispute, and a decree passed against decease....
The court established that under Order I Rule 10(2) of the C.P.C., a party can be impleaded if they demonstrate a prima facie interest in the property, and the trial court has the discretion to allow....
The main legal point established in the judgment is that the court has the power to allow amendments to the plaint to prevent the inexecutability of a partition decree.
The principle of res judicata does not apply when a previous suit is dismissed on technical grounds, allowing for a new suit to be filed based on a recurring cause of action for partition.
The court may compel the addition of necessary parties to a suit despite the plaintiff's choice, ensuring all interested parties can be adjudicated effectively.
Amendments to pleadings under Order VI Rule 17 of the CPC should not change the nature of the suit or introduce new causes of action, and must be necessary for the proper adjudication of the case wit....
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