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february 1997

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.

SMT. KAMESHWARI DEVI @ KALESHWARI DEVI & ORS. vs SMT. BARHANI (DEAD) BY LRS. & ORS. · Niyam