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Supreme Court holds compromise decree a nullity where necessary party was excluded, examining Section 6 HSA and Order XXIII Rule 3A CPC

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Case Details Particular Details Case Name Geeta Bai & Ors. v. K. Arjun Singh & Ors. Court Supreme Court of India Date 28 September 2026 Bench Justice Vikram Nath and Justice Sandeep Mehta Case Number Civil Appeal No(s). of 2026, arising out of SLP (Civil) No(s). 20008–20010 of 2026 Appellant Geeta Bai & Ors. Respondent K. Arjun Singh & Ors. Relevant Provisions Section 6, Hindu Succession Act, 1956, as amended by Act 39 of 2005; Order XXIII Rule 3A CPC Final Decision Appeals allowed; High Court order set aside; applications remitted for fresh consideration The Supreme Court's order records that the appeal arose from the Telangana High Court's order dated 28 May 2025 rejecting three interlocutory applications on maintainability grounds. Background / Facts of the Case The dispute arose out of a partition suit concerning the property of Late Shri Tikaram Singh . Late Smt. Ballo Bai was the daughter and legal heir of Late Shri Tikaram Singh. The appellants be...
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Supreme Court Clarifies When a Limitation Issue Can Be Tried as a Preliminary Issue Under Order XIV Rule 2 CPC

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  Order XIV Rule 2 CPC Explained: Supreme Court on Preliminary Issues, Mixed Questions of Law and Fact and Trial Procedure All Issues Framed, Trial Already Started: Supreme Court Defines the Limits of Order XIV Rule 2 CPC In John Mathew v. Santha Paul & Ors. , the Supreme Court of India on 21 September 2026 clarified the scope of Order XIV Rule 2 CPC , holding that although all issues may have been framed, a qualifying issue of law may be tried first only before the Court has embarked upon the general trial of the issues; once a composite trial has commenced, the Court cannot retrospectively sever one issue and treat it as a preliminary issue. 3. Case Details Particular Details Case Name John Mathew v. Santha Paul & Ors. Court Supreme Court of India Date 21 September 2026 Bench Justice K.V. Viswanathan and Justice Arun Palli Case Number Civil Appeal No. of 2026, arising out of SLP (C) No. 34086 of 2025 Appellant John Mathew – Defendant No. 2 Respondents Santha Paul & O...
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