SMT. AMBALIKA PADHI AND ANR versus RADHAKRISHNA PADHI AND ORS.

SMT. AMBALIKA PADHI AND ANR versus RADHAKRISHNA PADHI AND ORS.

Substituted plaintiffs claiming through deed of settlement and will in their favour may continue the suit as originally framed for declaration of title and confirmation of possession. Their cause of action is not different from the original plaintiff's. Objection to maintainability, not raised at trial, is invalid if raised only on appeal.

Parties
Appellant Substituted Plaintiff: Smt. Ambalika Padhi; Appellant Substituted Plaintiff: Bhojakrishna Panda; Respondent Defendant: Radhakrishna Padhi; Respondents Defendants: Ors.
Jurisdiction
India
Judgment Date
06 December 1991
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment and Decree
Outcome
Appeal allowed; High Court judgment and decree set aside.
Legal Topics
Declaration of Title, Substitution of Legal Representatives, Suit Maintainability, Partition
Civil Procedure Declaration of Title Substitution of Legal Representatives Suit Maintainability Partition

Case Brief

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Parties

Smt. Ambalika Padhi

Appellant Substituted Plaintiff

Bhojakrishna Panda

Appellant Substituted Plaintiff

Radhakrishna Padhi

Respondent Defendant

Ors.

Respondents Defendants

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment and Decree

Legal Issues

  1. 1 Whether substituted plaintiffs claiming through settlement and will can maintain and continue the suit as originally framed after original plaintiff's death
  2. 2 Whether preliminary objection to maintainability raised at appeal stage is valid

Ratio Decidendi

Substituted plaintiffs claiming through deed of settlement and will in their favour may continue the suit as originally framed for declaration of title and confirmation of possession. Their cause of action is not different from the original plaintiff's. Objection to maintainability, not raised at trial, is invalid if raised only on appeal.

Court Disposition

Appeal allowed; High Court judgment and decree set aside.

Orders

  • High Court to hear and dispose of appeals on merits in accordance with law.
  • Appellants entitled to costs in this appeal and in the High Court from defendants.