RAJENDHIRAN versus MUTHAIAMMAL @ MUTHAYEE & ORS.**

RAJENDHIRAN versus MUTHAIAMMAL @ MUTHAYEE & ORS.**

The recall application was allowed because the respondents in the appeal were not served and did not appear; on merits the High Court's reversal was set aside because its finding that an oral partition was proved was perverse, ignored material evidence (including pattas showing joint allotment and lack of partition) and failed to apply the correct scope of Section 100 CPC; the Trial Court and First Appellate Court findings (including that the will was not proved and non-joinder of necessary parties) were confirmed and the suit was dismissed.

Parties
Appellant: Rajendhiran; Respondent: Muthaiammal @ Muthayee & Ors.
Jurisdiction
India
Judgment Date
15 April 2025
Procedural Posture
Civil Appeal (with Miscellaneous Application for Recall of Judgment) / Recall Application Allowed; Appeal Taken on Board and Heard on Merits; Civil Appeal Allowed
Outcome
Miscellaneous Application allowed and judgment dated 03.01.2024 recalled; Civil Appeal No.37/2024 taken on board and allowed; impugned judgment and order of the High Court dated 28.07.2022 set aside; judgments of Trial Court and First Appellate Court confirmed; suit dismissed
Legal Topics
Recall of Judgment, Non Service of Parties, Declaration Suit, Oral Partition, Evidence Appreciation, Non Joinder of Necessary Parties
Civil Procedure Property Law Appeal Recall of Judgment Non Service of Parties Declaration Suit Oral Partition Evidence Appreciation +1 more

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Parties

Rajendhiran

Appellant

Muthaiammal @ Muthayee & Ors.

Respondent

Procedural Posture

Civil Appeal (with Miscellaneous Application for Recall of Judgment) / Recall Application Allowed; Appeal Taken on Board and Heard on Merits; Civil Appeal Allowed

Legal Issues

  1. 1 Whether the judgment dated 03.01.2024 should be recalled on the ground that the respondents in the appeal were not served and therefore did not appear
  2. 2 Whether the High Court was justified in allowing the second appeal by holding that an oral partition had been proved
  3. 3 Whether the will relied upon by the plaintiffs was proved in accordance with Section 68 of the Indian Evidence Act and Section 63 of the Indian Succession Act

Ratio Decidendi

The recall application was allowed because the respondents in the appeal were not served and did not appear; on merits the High Court's reversal was set aside because its finding that an oral partition was proved was perverse, ignored material evidence (including pattas showing joint allotment and lack of partition) and failed to apply the correct scope of Section 100 CPC; the Trial Court and First Appellate Court findings (including that the will was not proved and non-joinder of necessary parties) were confirmed and the suit was dismissed.

Court Disposition

Miscellaneous Application allowed and judgment dated 03.01.2024 recalled; Civil Appeal No.37/2024 taken on board and allowed; impugned judgment and order of the High Court dated 28.07.2022 set aside; judgments of Trial Court and First Appellate Court confirmed; suit dismissed

Orders

  • Miscellaneous Application No.719 of 2025 allowed and judgment dated 03.01.2024 recalled
  • Civil Appeal No.37 of 2024 taken on board and allowed