Supreme Court of India
Mahendra Kumar v. Lalchand and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We hold that the High Court erred in law in dismissing the appeal filed by the present appellant on the ground of abatement without following the procedure laid down under Order XXll CPC. c In the result, the appeal is allowed and the impugned order is set aside.
Judgment, page 5
From the headnote
Code of Civil Procedure, 1908: Order XXJJ Rule 5-Motherfiled suit/or partition of properties claiming to be joint family properties between herself, her son and one l-Preliminary decree passed holding that the mother and son would get equal share Subsequently, a document was introduced alleging that the son had relinquished his share and, therefore, final decree passed holding that the mother and l were having an equal share in the said properties-Appeals filed by son and l-Mother died during pendency of the appeals-Application for substitution in both the appeals allowed-J filed an
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