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.