Supreme Court of India
Nagaiah and Another v. Smt. Chowdamma (dead) by Lrs. and Another
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What the Court ordered
In view of the above discussion, we are of the opinion that the impugned order relying upon the provisions of Hindu Guardianship Act to non-suit the plaintiff no.2 is not justified.
Judgment, page 20
From the headnote
Code of Civil Procedure, 1908: Or. XXXII, rr.1,3,6,7,9,12,13 and 14 – Suit by plaintiff No.1 on his as well as on behalf of his minor brother (Plaintiff No.2) – Against their father (defendant No.1) – Seeking declaration that they were entitled to 2/3rd share in the property and sale deed executed by their father (defendant No.1) in favour of defendant No.2 was not binding on their 2/3rd share – Trial court dismissed the suit on merit – First appellate court decreed the suit – High court, in second appeal, dismissed the suit on the ground that plaintiff No.1 could not act as the guardian of…
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