U.R. VIRUPAKSHAIAH versus SARVAMMA & ANR.

U.R. VIRUPAKSHAIAH versus SARVAMMA & ANR.

The High Court cannot formulate an additional substantial question of law while dictating judgment without notice and opportunity for parties to address it; such framing may make out a new case beyond pleadings and is impermissible under s.100 CPC. Judgment of High Court is set aside and matter remitted for fresh consideration.

Parties
Appellant: U.R. Virupakshaiah; Respondent: Sarvamma; Respondent: Hayani Kat
Jurisdiction
India
Judgment Date
17 December 2008
Procedural Posture
Civil Appeal / Appeal From High Court Judgment in Second Appeal
Outcome
Appeal allowed
Legal Topics
Partition Suits, Formulation of Substantial Questions of Law, Presumption of Joint Hindu Family
Civil Procedure Hindu Law Partition Suits Formulation of Substantial Questions of Law Presumption of Joint Hindu Family

Case Brief

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Parties

U.R. Virupakshaiah

Appellant

Sarvamma

Respondent

Hayani Kat

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment in Second Appeal

Legal Issues

  1. 1 Whether the High Court can frame an additional substantial question of law while dictating judgment without notice to the parties under s.100 CPC
  2. 2 Presumption of existence of joint Hindu family and burden of proof
  3. 3 Whether proper opportunity was given to meet the new question

Ratio Decidendi

The High Court cannot formulate an additional substantial question of law while dictating judgment without notice and opportunity for parties to address it; such framing may make out a new case beyond pleadings and is impermissible under s.100 CPC. Judgment of High Court is set aside and matter remitted for fresh consideration.

Court Disposition

Appeal allowed

Orders

  • Judgment of High Court set aside
  • Matter remitted to High Court for fresh consideration