M.Baby v. M.Srihari
Case brief
What is this about?
The High Court dismissed a civil revision petition challenging the trial court's refusal to reject a partition plaint. It held that the trial court can adjudicate adoption validity in a partition suit unless the plaintiff pleads adoption under the Juvenile Justice Act.
What did the court decide?
Civil Revision Petition dismissed. Trial Court order upholding.
What the court decided
C.R.P.No.804 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.R.P.No.804 of 2024 and C.M.P.No.3969 of 2024
M.Baby ... Petitioner
Vs. M.Srihari ...Respondent
PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the order and decreetal order dated 01.12.2023 made in I.A.No.1 of 2023 in O.S.No.62 of 2017 on the file of First Additional District Judge, Coimbatore.
For Petitioner : Mr.N.Ishtiaq Ahmed
ORDER
Aggrieved by the order dismissing the application to reject the plaint, the 1st defendant in the suit has come by way of this revision.
Issues for consideration
1 issue framed by the court
Whether a civil court possesses jurisdiction to examine the validity of an adoption pleaded in a partition suit when the Juvenile Justice Act is not invoked.
Parties & counsel
- petitioner
M. Baby
- respondent
M. Srihari
Coram
S. Sounthar
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court