Partition–View of High Court that the partition of property had taken place in the year 1965–Correctness–This fact was not pleaded by the plaintiffs in the plaint and the written statement was also not that the partition had taken place in the year 1965–Plaintiffs sought to amend the pleadings regarding 1965 partition–Application was rejected by the Trial Court and the order was never challenged–In such situation, the evidence with reference to 1965 partition cannot be considered–What was not permitted to be done directly cannot be permitted to be done indirectly–View taken by the Trial Court was correct.
Srinivas Raghavendrarao Desai By LRs. vs. V. Kumar Vamanrao & Ors. (SC)
₹50.00 ₹5.00
