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C.P. Paul vs Hydro Power Constructions, ... on 28 February, 1996

In the above decisions relied upon by the learned counsel for the impleading petitioners a more liberal view has been taken when compared to the view taken in a large number of other decisions such as M.K. Sowbhagiammal v. Komalangi, AIR 1928 Mad 803; Komalangiammal v. Sow-bhagimmal, AIR 1931 Mad 37; Janki Saran v. Ramabahadur, AIR 1932 Pat 343, In re: Mrs. Elsie Augusta Black, AIR 1941 Pat 151, Southern Bank v. Kesardeo; AIR 1958 Cal 377; Thillainayagi Ammal v. Saradambal, AIR 1955 Mad 576 and John Simon v. George John, AIR 1955 Trav-Co 177. The tests adopted in the decisions which has taken a liberal view is that laid down by Field, J. in the matter of the petition of Bhobosoondari, (1881) ILR 6 Cal 460, which is to this effect:
Kerala High Court Cites 20 - Cited by 0 - Full Document

In The Goods Of Mahammad Bashir ... vs Unknown on 10 April, 1961

9. A title paramount has been set up by the petitioner in the properties alleged to belong to the deceased in the proceedings for grant. A person disputing the title of the deceased in the properties and claiming them as his own has no such interest in the estate of the deceased as would entitle him to enter caveat or to be cited in the proceedings for the grant of administration. His title and interest in the property has got to be established in other proceedings. Title in the estate of the deceased that will entitle a person to citation must not be a paramount title, that is, 3 title not derived through the deceased but independently of the deceased. (See Abhiram Dass v. Gopal Dass, ILR 17 Cal 43; Thillainayagi Ammal v. Saradambal AIR 1955 Mad 575.
Calcutta High Court Cites 11 - Cited by 0 - Full Document
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