Hindu Succession Act for that is the relevant section relating to devolution of interest in coparcenary property. The provisions of this Act under Section ... first part reclines the operation of Mitakshara Law in relation to devolution of interest of a deceased coparcener on all the surviving coparceners by rule
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 ... even prior to the institution of the suit. Devolution of interest on the legal representatives of the deceased-defendant was undoubtedly prior to the institution
that Section 214 would not apply to a case where the devolution of interest is by survivorship i.e., if the devolution ... case the learned Judge was pleased to hold that when the devolution of interest was not by survivorship under Section 214 (1) (a) , no decree
that Order XXII contemplates only cases of devolution of interest from some original parly to the suit, whether plaintiff or defendant, upon someone else ... that "order
22 of the Civil Procedure Code deals with devolution of interest by the operation of law and not by act of parties
would apply only if it is case of succession and not devolution of interest by survivorship. It is no doubt true that the legal representative ... joint family funds, unless the contrary was proved. For such funds devolution of interest would have been by right of survivorship and not by right
Order 22 of the Code, when there has been a devolution of interest during the pendency of a suit, the suit may by leave ... subject-matter of the litigation by an assignment or creation or devolution of interest pendente lite or suitor or any other person interested, to apply
deals with claims of creditors while
Section 22 relates to devolution of interest in the compensation.
In the aforementioned statutory scheme, remedies provided in
relation ... followed in
relation thereto, claims of the creditors and as to devolution of
interest in such compensation, under Sections
provisions of the Road Transport Corporations Act . That there was a devolution of interest is outside the pale of controversy for it was the petitioners ... filed by them, the petitioners stated that by reason of the devolution of interest, the Corporation should be brought on record in the place
question in controversy.
25. Section 6 of the Act dealing with Devolution of interest in coparcenary property as substituted by Act 39 of 2005 reads ... hereunder:
Devolution of interest in coparcenerary property:-(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005 , in a Joint Hindu family
reading of the section would disclose that Section 6 deals with devolution interest in co-parcenary property and not with the disruption or continuance ... Schedule survive the deceased coparcener, the general rule of devolution by survivorship of the interest of coparcenary shall not apply ; instead that interest would devolve
