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september 1958

Supreme Court of India · 1958-09-04

KAKUMANU PEDA SUBBAYYA ANDANOTHER vs KAKUMANU AKKAMMA AND ANOTHER

Citation / case number
SC 1955/71
Court
Supreme Court of India
Petitioner
KAKUMANU PEDA SUBBAYYA ANDANOTHER
Respondent
KAKUMANU AKKAMMA AND ANOTHER
Bench
AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that in a partition suit initiated on behalf of a Hindu minor, the death of the minor during the proceedings does not lead to abatement of the suit if the legal representative continues the action. The Court established that a declaration for partition made on behalf of a minor results in a severance of joint status, contingent upon the Court's determination of the action's benefit to the minor. The suit was decreed in favor of the legal representative, affirming that the cause of action is property-related and not personal to the minor, thus allowing the suit to proceed despite the minor's death.

KAKUMANU PEDA SUBBAYYA ANDANOTHER vs KAKUMANU AKKAMMA AND ANOTHER · Niyam