Basheshar Nath Goela vs Bidhi Chand,

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1936 Supreme(Lah) 106

COLDSTREAM
Basheshar Nath Goela – Appellant
Versus
Bidhi Chand, – Respondent

JUDGMENT

Coldstream, J. - Bhondu Mal, the father of Bidhi Chand the present insolvent, having been declared insolvent, the Official Receiver, Delhi, in whom Bhondu Mal's estate had vested, proposed to sell Bhondu Mal's share in his undivided family property. Bidhi Chand thereupon instituted a suit in the Court of the Subordinate Judge, Fourth Class, Delhi, for possession by partition of one-sixth of the family property joining the Official Receiver as a defendant. Of this suit Bidhi Chand had given the Official Receiver notice under Section 80, Civil P.C. The suit was dismissed on the ground that Bidhi Chand was not entitled to seek for partition during his father's lifetime. Bhondu Mal died and Bidhi Chand instituted another suit for one-fifth of the property, again joining the Official Receiver but without giving him notice under Section 80, Civil P.C.

2. The Subordinate Judge rejected the plaint under the provisions of Order 7, Rule 11(d), Civil P.C., holding that the suit was barred as Section 80 had not been complied with. Bidhi Chand appealed to the District Judge who reversed this decision holding that no notice was necessary as the suit had not been instituted against the Off

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