Supreme Court of India
Azgar Barid (d) by Lrs. v. Mazambi @ Pyaremabi and Others
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 are of the considered view that the perverse approach of the First Appellate Court in arriving at the findings would give rise to a substantial question of law, thereby justifying the High Court to interfere with the same.
Judgment, page 11
From the headnote
Appeal – Second Appeal – Suit for partition – Objection of appellant-defendant that since plaintiff Nos.4 to 8, whose claim was denied by the trial court and who had not challenged the same by way of appeal, were not entitled to relief in second appeal – Held: In a suit for partition, the position of the plaintiff and the defendant can be interchangeable – Each party adopts the same position with the other parties – So long as the suit is pending, a defendant can ask the Court to transpose him as a plaintiff and a plaintiff can ask for being transposed as a defendant – In that view of the…
Authorities it was built on
- 1991 Jagdish Singh v. Natthu Singh
- 2010 Municipal Committee, Hoshiarpur v. Punjab State Electricity Board and Ors.
- 2021 Narayan Sitaramji Badwaik (dead) through Lrs v. Bisaram and Others
- 2003 Chandramohan Ramchandra Patil and Ors. v. Bapu Koyappa Patil (dead) through Lrs. and Ors.
- 2019 Illoth Valappil Ambunhi (d) by Lrs. v. Kunhambu Karanavan
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