VidhiSangh

Supreme Court of India · 21/02/2022

AZGAR BARID (D) BY LRS. versus MAZAMBI @ PYAREMABI AND OTHERS

[2022] 3 S.C.R. 1099 · 2022 INSC 210

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

In a family partition dispute, the High Court corrected the first appellate court’s rejection of marriage, parentage and property findings. The Court upheld that intervention because material oral and documentary evidence had been overlooked and the contrary findings rested on conjecture. It also rejected the objection that certain plaintiffs could receive no relief because they had not appealed the trial decree. The appeal was dismissed, leaving the High Court’s partition determination intact.

Issues

  1. Whether the failure of some plaintiffs to appeal the trial decree barred their partition relief.
  2. Whether perversity in the first appellate findings justified interference in second appeal.
  3. Whether the marriage, parentage and nominal mehar-deed findings had evidentiary support.

Provisions considered

Held

Result

Appeal dismissed; High Court’s partition determination left intact. No costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 1099.