Machhali Bhuiyan & Ors vs Most. Manjari Devi & Ors
2022 Latest Caselaw 4983 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    S.A. No. 59 of 2012
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Machhali Bhuiyan & Ors. .... .... .... Appellants Versus Most. Manjari Devi & Ors. .... .... .... Respondent

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Baban Prasad, Advocate : Mr. Arbind Kr. Sinha, Advocate For the Respondents : Mr. Kundan Kr. Ambastha, Advocate

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Order No.10 Dated- 08.12.2022 Heard the parties.

This appeal will be heard on the following substantial question of law:-

(i) Whether both the courts below committed perversity by not taking into consideration the fact that the plaintiff being a widow and as her son Sanjeet Bhuiyan alive, the plaintiff could not have prayed for partition in view of para -315 of Mulla's Hindu Law and in view of para-9 of the Judgment of Hon'ble Supreme Court of India, in the case of Gurupad Khandappa Magdum Vs. Hirabai Khandappa Magdum, in Civil Appeal No. 1828 of 1975, decided on 27.04.1978, reported in AIR Online 1978 SC 6?

(ii) Whether both the courts below committed a perversity by ignoring the fact that when it is admitted case of the plaintiff that she has a son namely Sanjeet Bhuiyan alive and the said Sanjeet Bhuiyan has not been impleaded as a party to the suit for partition, the suit is bad for non-joinder of necessary party?

(iii) Whether both the courts below have committed perversity by not allotting any share to the defendant no.12 who is admittedly the daughter of the common ancestor whose joint property is sought to be partitioned even though there is no material in the record to suggest that she relinquished her right in the property?

Admit. Call for the Lower Court Records.

Mr. Kundan Kumar Ambastha receives notice on behalf of the respondent no.1.

Issue notice to the respondent nos.3 to 10. The appellants are directed to file requisites for service of notice on the respondent nos.3 to 10 by registered post with A/D as well as under ordinary process within six weeks failing which; this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks. List this appeal after receipt of the service report of the notice issued to the respondent nos.3 to 10.

Sonu-Gunjan/- (Anil Kumar Choudhary, J.)