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1 - 6 of 6 (0.19 seconds)The Hindu Succession Act, 1956
Article 227 in Constitution of India [Constitution]
The Code of Civil Procedure, 1908
Section 6 in The Hindu Succession Act, 1956 [Entire Act]
Bishundeo Narain And Another vs Seogeni Rai And Jagernath on 4 May, 1951
15. This Court also would like to refer the judgment
of Apex Court 1951 AIR 280 in case of Bishundeo
Narain And Another vs Seogeni Rai And Jagernath on
4 May, 1951, in this judgment it is held that it is well
established that a minor can sue for partition and obtained
a decree if his next friend can show that it is for the minor's
benefit. It is also beyond dispute that an adult coparcener
can enforce a partition by suit even when there are minors,
even without a suit, there can be partition between
members of the joint family when one of the members is a
minor. In the case of such lastly mentioned partition, where
a minor can never be able to consent to the same in law, if
an minor an attaining majority is able to show that the
division was unfair and unjust, the Court will certainly set it
aside. Hence, it is clear that the suit can be entertained.
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