Supreme Court of India · 2006-10-18
Gour Hari Maity & Ors vs Shew Shankar Shaw & Anr
- Court
- Supreme Court of India
- Petitioner
- Gour Hari Maity & Ors
- Respondent
- Shew Shankar Shaw & Anr
- Bench
- A.K.Mathur, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court addressed a partition suit involving Gour Hari Maity and others, where the trial court erroneously transposed Shew Shankar Shaw, a defendant, as a plaintiff. The Court held that the trial court's decision to grant pre-emption rights to Shew Shankar Shaw was inappropriate, emphasizing that such transposition in a partition suit is not standard practice. The High Court's order granting pre-emption was set aside, and the trial court's preliminary decree for partition was upheld, affirming the shares of the parties involved.