Vs
Case brief
What is this about?
The High Court of Madras dismissed appeals against the Master's order in a partition suit. It held that a plaintiff cannot amend a plaint to withdraw a specific admission regarding self-acquired property and claimed it as joint family property. The court further ruled that self-acquired property inherited by a Class I heir does not become joint family property for the heir's children, affirming th
What did the court decide?
Applications to set aside the Masters' order were dismissed; plaint paragraphs relating to the self-acquired property were struck out.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ORDER RESERVED ON: 06.10.2017
ORDER PRONOUNCED ON:23.10.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
Application Nos.2237, 2238 and 2239 of 1994
in CS No.474 of 1986
V.Ambalavanan ... Applicant
in all the Applications
Vs
1. K.R.Vinayakamurthy
2. R.Murugesan ...Respondents
in all the Applications
Prayer: Applications are filed under Order XIV Rule 12 of the O.S.Rules read with Section 151 of the Code of Civil Procedure, praying to set aside the order dated 30.01.1992 made in Application Nos.1631 and 1632 of 1990 and Application No.3680 of 1990 in C.S.No.474 of 1986 respectively.
For Applicant : Mr.M.S.Subramanian
For Respondents : Mrs.Deepa Mariappan for Mr.G.Dhanraj
C O M M O N O R D E R
Issues for consideration
3 issues framed by the court
Whether a plaintiff can amend a plaint to introduce a claim that self-acquired property became joint family property contrary to original admissions.
Whether property inherited by a Class I heir under Section 8 of the Hindu Succession Act retains the character of joint family property vis-a-vis his children.
Whether pleadings regarding right by birth must be struck out when the plaintiff has no right by birth in the property.
Parties & counsel
- appellant
V.Ambalavanan
- respondent
K.R.Vinayakamurthy
- respondent
R.Murugesan
Coram
Case details
As recorded by the court registry
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