The learned Judge was right when he proceeded on the assumption that the property continued to be with the joint family. It is on this basis, he rightly came to the conclusion that the plaintiff had approximately 1/3rd share in the property. But he was wholly in the error when he held that since there are no other pleadings on behalf of other co-owners, he could ignore their share. In a partition suit, every co-owner, whether a plaintiff or defendant, is as good as a plaintiff and no Court could say that only the share of the plaintiff would be carved out, and the rest of the owners should fight separate battle.
IN THE HIGH COURT OF BOMBAY
Appeal From Order No. 206 of 1988 in Special Civil Suit No. 230 of 1987
Decided On: 28.09.1988
Vijaysingh Rajasingh Varma Vs. Vishinkumari Udaysingh Varma (Smt.) and Ors.
Coram:
Hosbet Suresh, J.
Hosbet Suresh, J.
Citation: 1989 (2) Bom CR 139
