Supreme Court of India · 1997-02-20
SMT. KAMESHWARI DEVI @ KALESHWARI DEVI & ORS. vs SMT. BARHANI (DEAD) BY LRS. & ORS.
- Citation / case number
- SC 1986/69876
- Court
- Supreme Court of India
- Petitioner
- SMT. KAMESHWARI DEVI @ KALESHWARI DEVI & ORS.
- Respondent
- SMT. BARHANI (DEAD) BY LRS. & ORS.
- Author
- S. SAGHIR AHAMD K. RAMASWAMY
- Bench
- S. SAGHIR AHAMD K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that a minor's estate must be properly represented in partition suits, as per Section 7 of the Limitation Act. The Court found that the appellant was not bound by the decree in suit No.178/57 due to inadequate representation of his interests as a minor. The appeal was allowed, overturning the High Court's decision which had dismissed the appellant's suit for setting aside the earlier partition decree.