example where the court finds
that because of altered circumstances, like devolution of interest,
it is necessary to shorten litigation or where the original relief
Hindu Succession Act which reads as follows :
6. Devolution of interest in coparcenary property. —
(1) On and from the commencement of the Hindu
Succession (Amendment
legal representative prosecute the lis in view of the
devolution of the interest under Order 22, Rule 10 of the Civil Procedure
Code ... legal representative prosecute the lis
in view of the devolution of the interest under Order XXII, Rule 10 of the
Code of Civil Procedure
WILL as she was
the absolute owner of the property. Devolution of interest in
the suit property in favour of present plaintiffs on the strength
owners thereof joint owners. Joint property envisages a
community of interest (ownership) and a commonality of
possession vested in the entire body of owners called ... whether by way of membership of a coparcenary or by devolution
of interest, pursuant to inheritance or by assignment of property
by sale
legal representative prosecute the lis in view of the
devolution of the interest under Order 22, Rule 10 of the Civil Procedure
Code ... legal representative prosecute the lis
in view of the devolution of the interest under Order XXII, Rule 10 of the
Code of Civil Procedure
party is added or substituted owing to
assignment or devolution of any interest during the
pendency of a suit or where a plaintiff is made ... party is added or substituted owing to
assignment or devolution of any interest during the
pendency of the suit or where plaintiff is made
Section 6 of Hindu Succession Act reads as under :
6. Devolution of interest in coparcenary
property.--(1) On and from the commencement
of the Hindu
possession
of 9/40th share in the suit property, considering the devolution of
interest on the demise of Muniammal, the owner of the suit property
clear that in case of assignment, creation or devolution of
interest during pendency of a suit, the suit may, by leave of
the court
