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CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J.
Bhagela Sahu v. Raju Sahu
| Table of Content |
|---|
| 1. suit involves disputes over legitimacy and partition of ancestral property. (Para 1 , 2 , 3) |
| 2. arguments presented regarding necessary parties in partition suits. (Para 4 , 5) |
| 3. legal criteria for parties in partition confirmed. (Para 9 , 10 , 11 , 12) |
| 4. court's reasoning on rights of sons and implications of illegitimacy. (Para 13 , 14 , 15 , 16 , 20) |
| 5. final ruling on the appeal and its implications. (Para 21 , 22 , 23) |
1. This second appeal preferred under S.100 of the CPC by the appellants herein / defendant Nos.1 and 2 was admitted for hearing by formulating the following substantial questions of law: -
"(1) Whether the suit suffered from non - joinder of necessary parties as the daughters of defendant No.1 were not arrayed in the suit?
(2) Whether a decree for 1/2 share in the suit property can be passed in favour of the appellants in respect of the ancestral property for which the suit has been preferred during the lifetime of father?"
[For the sake of convenience, parties hereinafter will be referred as per their status shown and ranking given in the plaint before the trial Court.]
2. It is the case of the plaintiff that the suit property mentioned in Schedu
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