LAW FOR ALL

Amendment of Preliminary Decree Sec.152 C.P.C.& Or.18, rule 2 of C.P.C. - suit for partition to the property of step brother against the deceased real sister and against the legal heirs of his real brother and against purchaser - trial court dismissed the suit as time barred and as the defendant 12 purchaser perfected his title - High court set aside the decree of lower court and allowed the appeal and passed preliminary decree declaring that plaintiff is entitled for 1/4th share and legal heirs of his real brother are entitled to 1/4th share and legal heirs of real sister entitled to 1/2 share - amendment petitions filed High court allowed the same - objection that the defendants never asked for partition and separate possession of their extents - Apex court held that under or.18, rule 2 of C.P.C. - it is the duty of court to allot shares of each and every party share in a partition suit and as such dismissed the appeal = CIVIL APPEAL NOs.2352-2354 OF 2008 SRIHARI (DEAD) THROUGH LR. SMT. CH.NIVEDITHA REDDY .…APPELLANT VERSUS SYED MAQDOOM SHAH & ORS. ……RESPONDENTS = 2014 - Sept. Month - http://judis.nic.in/supremecourt/filename=41922