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TMI Blog1983 (5) TMI 263X X X X Extracts X X X X X X X X Extracts X X X X ..... efendants who are the sons of Ganda Singh, paternal uncle of Bua Singh. The grounds of contest were that Smt. Dipo was not the sister of Bua Singh and that even if she was the sister, the defendants were preferential heirs according to custom, as the whole of the land was ancestral in the hands of Bua Singh. The learned Subordinate Judge held that the plaintiff, Smt. Dipo was the sister of Bua Singh. He found that most of the suit properties were ancestral properties, in the hands of Bua Singh, while a few were not ancestral. Proceeding on the basis that according to the custom, the sister was excluded by collaterals in the case of ancestral property while she was entitled to succeed to non-ancestral property, the learned Subordinate Judge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal on the ground that the appellant-plaintiff had not herself presented the memorandum of appeal. The appeal had been admitted by the District Judge earlier and there was no point in dismissing it thereafter on the ground that the memorandum of appeal had not been presented by the party herself. Rules of procedure are meant to advance the cause of justice and not to short circuit decision on merits. We have no option, but to set aside the judgments of the District Judge and the High Court. Instead of sending the case back to the District Judge for disposal on merits, we have ourselves heard the appeal on merits. The finding that Smt. Dipo is the sister of Bua Singh is a concurrent finding and we accept it. We also proceed on the basis t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rty as absolute owner thereof, and he can deal with it as he pleases .......... A person inheriting property from his three immediate paternal ancestors holds it, and must hold it, in coparcenary with his sons, sons sons and sons sons sons but as regards other relations he holds it and is entitled to hold it, as his absolute property. Again at page 291, it is stated : The share which a coparcener obtains on partition of ancestral property is ancestral property as regards whether they are in existence at the time of partition or are born subsequently. Such share, however, is ancestral property only as regards his male issue. As regards other relations, it is separate property, and if the coparcener dies without leaving male issue ..... X X X X Extracts X X X X X X X X Extracts X X X X
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