Mostt. Mukha Kuer v. Mostt. Lakhchhaminia Kuer
Case brief
What is this about?
In this second appeal arising from a partition suit, the High Court of Patna held that since every party holds a share in the suit property, no decree can be passed without all necessary parties. The court ruled that the appeal abated wholly due to the non-substitution of legal heirs for deceased respondents.
What did the court decide?
The whole appeal was allowed to abate; hence, dismissed.