Srihari (Dead) through Lr. Smt. Ch. Niveditha Reddy Vs. Syed Maqdoom Shah and others
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Head Note
The Code of Civil Procedure, 1908 - Section 152 , Order XVIII Rule (2)
Amendment of Preliminary Decree - Suit for partition - Trial court dismissed the suit as time barred and as the defendant 12 purchaser perfected his title - High court set aside the decree of lower court and allowed the appeal and passed preliminary decree declaring that plaintiff is entitled for 1/4th share and legal heirs of his real brother are entitled to 1/4th share and legal heirs of real sister entitled to 1/2 share - Amendment petitions filed High court allowed the same - Objection that the defendants never asked for partition and separate possession of their extents - Apex court held that under or.18, rule 2 of C.P.C. - It is the duty of court to allot shares of each and every party share in a partition suit and as such dismissed the appeal.
Topic(s)-Amendment of Preliminary Decree