Ratna Kumari Pradhan v. Seshmani Pradhan and Ors.
Case brief
What is this about?
Court: High Court at Calcutta, Circuit Bench at Jalpaiguri. Case: SAT 2 of 2022, decided 15.05.2025. Bench: Rajasekhar Mantha, J. and Ajay Kumar Gupta, J. Parties: Ratna Kumari Pradhan (appellant; advocates Anand Bhandari, Urgen Lama, Mayank Bhandari) v. Seshmani Pradhan and Ors. Subject: partition of family property - effect of withdrawal of first partition suit (O.C. Suit No.46 of 1987) without leave to file afresh; second suit Title (Partition) Suit No.8 of 2003 decreed by Civil Judge (Junior Division), Kurseong (preliminary 06.05.2005, final 13.05.2005), affirmed in OC Appeal No.4 of 2005 (21.12.2021). Holding: right to seek partition survives withdrawal of an earlier partition suit until actual partition by metes and bounds; even a mutual family settlement can be enforced via a partition suit. Outcome: second appeal dismissed for want of any substantial question of law.