principal Act was substituted by new section,
providing for devolution of interest in coparcenary property to a
daughter of a coparcener when there ... birth. In fact, the HS Act did not deal with
devolution of interest in the coparcenary property. Section 6 of the HS
Act made
other reason. Order 22, Rule 10 is not confined to devolution of interest of a party by death; it also office or is removed from ... rule means interest in the "property i.e., the subject-matter of the suit and the interest is the interest of the person
suit:--(1) In other cases of an assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave ... ground, that too a prima facie ground, that the devolution of interest by way of any kind is hit by the provisions of Section
first part recognizes the operation of Mitakshara law in relation to devolution of interest of a deceased coparcener on all the surviving coparceners by rule ... first part that will be applicable to the devolution of interest of the coparcener in the Mitakshara coparcenary property. The first part is thus applicable
code has prescribed the procedure in case of creation or devolution of interest during the pendency of the suit and before passing of the final ... Rule 10, if there is any creation or devolution of interest on a person during the pendency of the suit and before passing of final
originally
stood
on the statute book reads as under:
6. Devolution of interest in coparcenary property:- When
a male Hindu dies after commencement of this ... reads as follows:
"6. Devolution of interest in coparcenary property:--
(1) On and from the commencement of the Hindu
Succession (Amendment
interest from her husband by 'devolution'. By the 'devolution' of the interest on her she intercepts the right of survivorship thereto ... section (3) to obtain separation of her interest by claiming a partition. Her interest is a present interest capable of enjoyment, as such, even without
Chapter II of the Hindu
Succession Act, 1956 dealing with devolution of interest in coparcenary
property, which came into force with effect from 09.09.2005. Placing ... reads as follows:
"6. Devolution of interest in coparcenary property:--
(1) On and from the commencement of the Hindu
Succession (Amendment
there was not assignment, creation or devolution of any interest during the pendency of the suit. The first of the contentions viz., that there ... characterised either as an assignment or a creation or devolution of any interest during the pendency of a suit. O. 22 R. 10 really
hereunder :
(1) In other cases of an assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave ... devolved. It would follow that even if the assignment, creation or devolution of interest is during the pendency of a suit, an application for continuation
