The succession was opened in the year 1968 - the Amendment Act 39 of 2005 would have no application to the facts of the case

Citation

CDJ 2008 MHC 3842

Valliammal vs muniyappan

The Civil Procedure Code - Section 100 - Second appeal against the judgment and decree passed by Additional District Judge confirming the judgment and decree on the file of Subordinate Judge - suit for partition - the Trial Court held that the plaintiffs not entitled for the relief of partition and dismissed the suit - the Appellate Court dismissed the appeal confirming the judgment and decree of the trial Court - hence the second appeal - held, the succession was opened in the year 1968 - the Amendment Act 39 of 2005 would have no application to the facts of the case - hence appeal dismissed.

Cases referred :-
SHEELA DEVI AND OTHERS Vs. LAL CHAND AND ANOTHER (2007) 1 MLJ 797 (SC)

Comparative Citations:
2008 (4) CTC 773, 2008 (3) TLNJ 378 (Civil), 2008(6) MLJ 964

#partition
#succession
#retrospective
#fatherdeathbefore2005