📌📌Partition Partition Suit-Amendment of law before conclusion of the final decree proceedings Party benefitted by such amendment can make a request to the Trial Court to take cognizance of the Amendment and give effect to the same. R-Succession Hindu Succession-Conferred full rights upon the daughter coparcener No matter her father had died before the Amendment Act, 2005.
📌📌Hindu Laws-Hindu Succession Act, 1956-Sec. 6(5) Explanation (post 2005
Amendment) Partition-For the purposes of the section 6 of the Act partition only means partition by registered document or decree of Court.
📌📌Hindu Laws-Hindu Succession Act, 1956-Sec. 6 (post 2005 Amendment)- Coparcenary Property-Daughters’ right-Interpretation-In Prakash and Others v. Phalavati and Others 2016 SAR (Civ) 81 held that Section 6 is not retrospective in operation and it would apply when both the coparcener and his daughter were alive on the date of commencement of the Amendment Act ie., 9.09.2005-But, in Danamma alias Suman Surpur and Another v. Amar and Others 2018 SAR (Civ) 340 beld that the amended provisions of section 6 has conferred full rights upon the daughter coparcener, no matter her father had died before the Amendment Act- Ultimately larger Bench in Vineeta Sharma v. Rakesh Sharma and Others 2020 SAR (Civ) 1030, overruled Prakash and Others v. Phulavati and Others 2016 SAR (Civ) 81.. and upheld Danamma alias Suman Surpur and Another v. Amar and Others 2018 SAR (Civ) 340. (Paras 60, 61, 65)
📌📌Hindu Laws-Hindu Succession Act, 1956-Sec. 6 (post 2005 Amendment) and Civil Procedure Code, 1908, Order XX Rule 18-Coparcenary Property- Partition Suit-Preliminary Decree-Change of law-Effect of-Final decree- Partition suit is required to be decided in stages, therefore, it can be regarded as fully and completely decided only when the final decree is passed-As the law governing the parties has been amended before the conclusion of the final decree proceedings, the party benefitted by such amendment can make a request to the Trial Court to take cognizance of the Amendment and give effect to the same-In this case, shares of the parties needs to be re-determined according to amended provisions of section 6 of the 1956 Act-To put it straight, daughter is entitled to share equal to that of son in coparcenary property after death of the father-Contention that preliminary decree cannot be varied in the final decree proceedings, despite the amendment of the law governing the parties, held not tenable. (Paras 80 to 82)
📌📌Civil Procedure Code, 1908-Order XLI Rule 22, Order XLIII Rule 1-A(2), Order XXIII Rule 3-Appeal Cross Appeal/Objections-Compromise of suit- Right to challenge Cross-appeal objector is entitled under Order 41 Rule 22 of the CPC read with Order 43 Rule 1-A (2) of the CPC to make good the submission that she was entitled in law to question the legality and validity of the settlement agreement recorded under Order 23 Rule 3 of the CPC by way of a cross-appeal- Cross-appeal filed by the Original Defendant, questioning the legality and validity of the settlement held maintainable in law.