fact of there being a dispute as regards the devolution of interest in favour of
the Applicants.
(viii) That the Learned Single Judge has misinterpreted ... fact that if there is a dispute as regards the
devolution of interest, then an application for impleadment cannot be
permitted
fact of there being a dispute as regards the devolution of interest in favour of
the Applicants.
(viii) That the Learned Single Judge has misinterpreted ... fact that if there is a dispute as regards the
devolution of interest, then an application for impleadment cannot be
permitted
amended Hindu Succession
Act which runs thus:
"6. Devolution of interest in coparcenery property. - (1) On
and from the commencement of the Hindu Succession ... devolution of interest" also therefore, show
that for an interest to devolve upon a person that person must be
alive. No devolution of interest
with regard to women's
property and provided rules for devolution of interest of a deceased
male in certain cases. It laid down ... Section 6 deals with devolution of interest in coparcenary
property. The relevant part of amended Section 6 runs thus:
6. Devolution of interest in coparcenary
June 17, 1956, Section 6 if the Act provides for devolution of interest in coparcenary property and its provisions are as under:-
"When ... normally recognises an reiterates the rule of survivorship in respect of devolution of interest by survivorship upon the death of a coparcener in favour
interest. It is also not, strictly
speaking, a case of a 'creation' of an interest. It is a case of
devolution ... this rule means interest in the
property i.e. the subject-matter of the suit and the
interest is the interest of the person
that the Limitation Act
does not also prescribe any time for devolution of interest under Order 22
Rule 10.
11 This is not a case ... this rule
means interest in the property, i.e., the subject matter of the suit and the
interest is the interest of the person
Principal Act reads
as under:-
" Section 6 :- Devolution of interest in coparcenary
property - when a male Hindu dies after the
commencement of this ... force w.e.f. 9 September
2005 reads as under:-
6. Devolution of interest of coparcenary property.-
(1) On and from the commencement
death but it is a case of seeking impleadment by
devolution of interest. He further submits that there is no time limit
::: Uploaded ... case of devolution of interest and not a case of death since the provisions
relating to Order XXII Rule 3 and Rule 4 which provides
that the Limitation Act
does not also prescribe any time for devolution of interest under Order 22
Rule 10.
11 This is not a case ... this rule
means interest in the property, i.e., the subject matter of the suit and the
interest is the interest of the person
