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march 2017

Supreme Court of India · 2017-03-21

T.Ravi & Anr vs B.Chinna Narasimha & Ors. Etc

Citation / case number
AIRONLINE 2017 SC 582
Court
Supreme Court of India
Petitioner
T.Ravi & Anr
Respondent
B.Chinna Narasimha & Ors. Etc
Author
Arun Mishra
Bench
Amitava Roy, Arun Mishra

Judgment text excerpt

The Supreme Court addressed the partition of matruka property under Civil Suit No.82/1935, emphasizing the jurisdictional error of the City Civil Court in dismissing the suit for default without proper grounds as per Order 9 Rule 9 CPC. The Court upheld the High Court's ruling that the suit was not dismissed and clarified that the plaintiff was not required to file a restoration application. The final decree for partition was affirmed, confirming the shares of the parties involved, including the sale of property by defendant No.1 to Bala Mallaiah, which was deemed invalid due to lack of authority over the entire share.

T.Ravi & Anr vs B.Chinna Narasimha & Ors. Etc · Niyam