Supreme Court of India · 1989-12-01
KALYAN SINGH, LONDON TRAINED, CUTTER,JOHRI BAZAR, JAIPUR vs SMT. CHHOTI AND ORS.
- Citation / case number
- SC 1973/60341
- Court
- Supreme Court of India
- Petitioner
- KALYAN SINGH, LONDON TRAINED, CUTTER,JOHRI BAZAR, JAIPUR
- Respondent
- SMT. CHHOTI AND ORS.
- Author
- K. SHETTY
- Bench
- K.J. SHETTY
Judgment text excerpt
The Supreme Court held that in cases concerning community property, any member of the community can file a suit to assert rights without needing permission under Order I Rule 8 of the Civil Procedure Code. The Court found that the High Court erred in not dismissing the suit after rejecting the validity of the Sale Deed and Will, as there was no other evidence to support the plaintiff's title. The appeal was allowed, modifying the High Court's judgment and decree accordingly.