B. R. PATIL versus TULSA Y. SAWKAR & ORS.
The Supreme Court upheld the High Court's determination that the plaint schedule properties were self-acquired properties of R.M. Patil and that the plaintiffs (and other legal heirs) are entitled to declared shares; Order II Rule 3 does not compel joinder of other causes or parties and non-joinder did not imperil the suit on the cause of action before the court; the appellant failed to prove ancestral/joint family properties omitted from the plaint or to establish ouster/adverse possession of item No.3, and items alleged in the written statement were shown to be separate acquisitions of the…
Source excerpt
- Joinder of causes of action
- Non-joinder of necessary parties
- Partial partition
- Ouster and adverse possession
- Admissions in pleadings
- Preliminary decree vs final decree