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Property lawyer: In case of dismissal of suit for partition, the defendants also have right to appeal; SC.

Supreme Court of India

Justice M R Shah and Justice L Nageswara Rao

The Supreme Court reiterated that in the suit for partition, every party to the suit, including defendants, is co-sharer. Therefore, they have a right to claim the share / partition, and in case the suit for partition was dismissed, the defendants can be said to be aggrieved party, and they can file the Appeal under section 96 of the CPC. The appeal at their instance would be maintainable.

It was further held {Pharez John Abraham (Dead) by LRs versus Arul Jothi Sivasubramaniam K and others} by virtue of adoption, a child gets transplanted into a new family, whereafter he or she is deemed to be a member of that family as if he or she were born son or daughter of the adopted parents, having same rights which natural daughter or son had. It was also held that in Christian law, there is no law prohibiting the Christian couple to adopt male or female child although they may have natural born male or female child, as the case may be. Finally held, in the present case, the adopted  children would also have the share in the property. The Appeal was partly allowed.



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