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october 2006

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.

Gour Hari Maity & Ors vs Shew Shankar Shaw & Anr · Niyam