Niyam v2 is live — start for just ₹100 — 200 credits to try

april 2012

Supreme Court of India · 2012-04-23

C.N.RAMAPPA GOWDA vs C.C.CHAQNDERGOWDA (D) BY LRS.

Citation / case number
SC 2010/37029
Court
Supreme Court of India
Petitioner
C.N.RAMAPPA GOWDA
Respondent
C.C.CHAQNDERGOWDA (D) BY LRS.
Author
GYAN SUDHA MISRA
Bench
GYAN SUDHA MISRA T.S. THAKUR

Judgment text excerpt

The Supreme Court held that the High Court exceeded its jurisdiction by remanding the partition suit for retrial and allowing the defendants to file a written statement without justifiable reasons, particularly when they had been duly served and represented in the trial court. The Court emphasized that the trial court could pass a decree in favor of the plaintiff even in the absence of a written statement, provided it critically assessed the merits of the case. The appeal was allowed, reinstating the original decree of partition in favor of the plaintiff-appellant.

C.N.RAMAPPA GOWDA vs C.C.CHAQNDERGOWDA (D) BY LRS. · Niyam