1991 (12) TMI 293 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of the partition in 1968.
2. Validity of the will dated 24.1.1969.
3. Validity of the deed of settlement.
4. The right of substituted plaintiffs to continue the suit.
5. Preliminary objection regarding the maintainability of the suit after the original plaintiff's death.

Detailed Analysis:

1. Validity of the Partition in 1968:
The trial court found that the partition in 1968, as alleged by the plaintiff, was established and acted upon. The third defendant's claim of a prior partition in 1952 was not substantiated. The High Court did not dispute this finding but dismissed the suit on preliminary grounds.

2. Validity of the Will Dated 24.1.1969:
The trial court validated the will executed by the original plaintiff, Urmila, in favor of her brother's son. The defendants contested the will's validity, claiming Urmila was not in a fit state of mind at the time of execution. The High Court did not address the merits of this issue due to its preliminary objection ruling.

3. Validity of the Deed of Settlement:
The trial court also upheld the deed of settlement executed by Urmila in favor of the fourth defendant. The High Court's decision did not delve into the merits of this finding, instead focusing on the preliminary objection regarding the maintainability of the suit.

4. The Right of Substituted Plaintiffs to Continue the Suit:
The High Court held that the substituted plaintiffs (Urmila's legal representatives) could not continue the suit as their cause of action was different from the original plaintiff's. The Supreme Court disagreed, stating that the substituted plaintiffs were continuing the same suit for the same reliefs as claimed by Urmila. The Supreme Court found no basis for distinguishing between natural heirs and those claiming under a deed of settlement or will in this context.

5. Preliminary Objection Regarding the Maintainability of the Suit:
The High Court accepted the preliminary objection that the suit was not maintainable after Urmila's death, as the substituted plaintiffs were not natural heirs and were claiming under different legal instruments (settlement and will). The Supreme Court overruled this, emphasizing that the cause of action remained the same and the substituted plaintiffs were entitled to continue the suit.

Conclusion:
The Supreme Court allowed the civil appeal, setting aside the judgment and decree of the Orissa High Court. The High Court was directed to hear and dispose of the appeals on their merits. The Supreme Court held that the substituted plaintiffs could continue the suit as filed by the original plaintiff, Urmila, as their cause of action was not different merely because they claimed under a settlement and a will. The appellants/defendants were awarded costs for the appeal and the High Court proceedings.