Supreme Court of India
Usha Balasaheb Swami and Ors. v. Kiran Appaso Swami and Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that the appellants are only raising an issue regarding the legitimacy of plaintiff and defendant nos. 3 to 7 to inherit the suit properties as heirs and legal representatives of the deceased Appasao.
Judgment, page 13
From the headnote
Code of Civil Procedure, 1908: Order 6 Rule 17. Amendment of pleadings-Written statement-Principles to be borne in mind-Amendment of written statement and amendment of plaint-Factors governing grant of permission-The suit properties originally belonged to one 'V' and on his death ' ' and ' ' came to inherit the suit properties The plaintiffi and he defendants were the legal representatives of ' ' and ' ' respectively-The plaintiffi inherited one-half share of the suit properties jointly with defendants-Since the defendants had refused to partition the suit properties and deliver separate
Authorities it was built on
Where later benches applied it
Of those, 1 referred to
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