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1974 Supreme(Online)(Cal) 2

CALCUTTA HIGH COURT
R. N. PYNE, J
Swarna Lata Devi v. Krishna Iron Foundry and Metal Works (P) Ltd. (M/s.)


Table of Content
1. overview of the case and initial findings. (Para 1 , 2)
2. discussion on necessary parties and the maintainability of the suit. (Para 3 , 9)
3. examination of potential fraud in the substitution of parties. (Para 5 , 6)
4. clarification on fraud allegations concerning document validity. (Para 7 , 8)
5. final decision rejecting the respondent's claims regarding decree validity. (Para 10 , 11)

1. This appeal is preferred by defendant - appellant against an appellate judgement and decree affirming the decree of the trial Court passed in an instituted suit of the plaintiff - respondent.

2. We need not recite the facts of this case over again because they are sufficiently stated in the judgement of the appellate court below. Brief outline of the case, however, is that the appellant obtained a declaration and a decree for partition of her 1/3rd share in the disputed properties in a suit brought by her sometime in 1947. The respondent company which took lease of the disputed property from the rest of her co - sharers by different documents executed sometime between 1948 and 1951 during pendency of the partition suit brought subsequently the present suit only against the appel












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