क्या किसी संपत्ति विवाद में सभी वाद कारणों और पक्षकारों को एक साथ संयोजित करना आवश्यक है……
रायगढ़। माननीय सर्वोच्च न्यायालय ने 11 जून 2026 को पारिवारिक संपत्ति विवाद के एक महत्वपूर्ण फैसले में टिप्पणी करते हुए कहा कि ” It be also observed that the effect of agreeing with the High Court would be that the appellant-plaintiff would be deprived of the entire property given to him by Mahabir Rai, and that has been in his name ever since he was born or shortly thereafter. The application of law, especially when it comes to inter family disputes is not akin to enforcing the black letter of the law but calls upon the Judge to understand the surrounding facts and circumstances and in the light thereof come to a conclusion in accordance with law. The part of the appellant- plaintiff’s right which was threatened was challenged so in effect, he through his guardians, was protecting his rights. There was no occasion to do anything further. When this is the reality, to apply a principle of law which would lead to an unduly harsh and unjust consequence, would be offensive to both law and equity in these circumstances. As such, the impugned judgment must be set aside. Ordered accordingly.
(Makardhwaj Ram vs Jagdish Rai)
Author: हीरा मोटवानी
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