Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Presumption adopted son Or. 22 r.4 CPC Order XVI r.25 r/w Order XXII r.5 proviso Exercise of power under Prsumption as to legality of marriage |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Presumption - Presumption as to legality of marriage - Original owner of suit property died intestate -Appellant, brother of deceased claimed right over suit property and filed a suit for eviction against defendant no. 1 who had the suit property - Trial court rejecting the assertion of defendant no. 1 that she was married to the original owner passed decree for eviction against defendant no. 1 - Defendant no. 1 filed appeal before High Court and died during pendency of appeal and respondent no. 1 applied u/Or. 22 r.4, CPC on the ground that he is adopted son of defendant no. 1 and defendant no. 1 had executed will in his favour bequeathing the suit house to him - High Court allowed the application and permitted respondent no. 1 to prosecute the appeal - Thereafter, High Court dismissed the suit holding that a presumption can be drawn that a woman is the wife of a man with whom she lived for a very long period and on account of their long association and defendant no. 1 can be recognised as his wife - Held: The impugned order of the High Court was based on proper appreciation of evidence and being just, legal and proper does not call for any interference u/Article 136 of the Constitution- However, High Court while exercising its first appellate jurisdiction u/ s.96 of the CPC had ample jurisdiction to appreciate the evidence independent to that of the appreciation done by the trial court and come to its own conclusion - High Court ought to have remanded the case to the trial court by taking recourse to the provision of Order XXII, Rule 5 proviso for deciding the issue as to whether respondent no. 1 was the legal representative of deceased defendant no. 1 and if so, whether in the capacity of adopted son or as legatee on the strength of Will - Retaining the session of the appeal,ยท the matter is remitted to trial court to decide the issue of status of respondent no. 1 and return the finding to the court- Code of Civil Procedure. Code of Civil Procedure, 1973-, Order XVI r.25 r/w Order XXII, r.5 proviso - Exercise of power under, scope - Discussed. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2014 INSC 835 |
Petitioner | Karedla Parthasaradhi |
Respondent | Gangula Ramanamma (d) Through L.rs & Ors. |
SCR | [2014] 13 S.C.R. 72 |
Judgement Date | 2014-12-04 |
Case Number | 3872 |
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