Case Note & Summary
The petitioner, Smt. Honamma, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 4.6.2014 passed by the Principal Civil Judge and JMFC, Arsikere, dismissing her application under Order 1 Rule 10(2) of the Code of Civil Procedure, 1908 (CPC) in Final Decree Proceedings (FDP) No. 8/1990. The petitioner sought to be impleaded as a respondent in the final decree proceedings, claiming a share in the suit schedule property by virtue of the amendment to Section 6 of the Hindu Succession Act, 1956, which came into effect on 9.9.2005. The trial court dismissed the application, leading to the present petition. The High Court considered the legal issue of whether a daughter born before the amendment is entitled to coparcenary rights and whether she can be impleaded in pending final decree proceedings. The court noted that the amendment to Section 6 is retrospective in effect and confers equal rights on daughters, including those born prior to 2005, provided the coparcener died after the amendment. The court held that the petitioner, being a daughter of a coparcener who died after 2005, has a right to claim a share and that impleadment should be liberally allowed to avoid multiplicity of proceedings and to do complete justice. The court allowed the petition, set aside the impugned order, and directed the trial court to allow the impleadment application and proceed with the final decree proceedings in accordance with law.
Headnote
A) Civil Procedure Code, 1908 - Order 1 Rule 10(2) - Impleadment - Final Decree Proceedings - Daughter seeking impleadment in pending final decree proceedings claiming share under amended Section 6 of Hindu Succession Act, 1956 - Court held that the amendment is retrospective and confers coparcenary rights on daughters born before 2005, and that impleadment should be liberally allowed to avoid multiplicity of proceedings and to do complete justice (Paras 2-6). B) Hindu Succession Act, 1956 - Section 6 (as amended in 2005) - Coparcenary Rights - Daughters - The amendment grants equal rights to daughters in coparcenary property, including those born prior to 9.9.2005, provided the coparcener died after the amendment - Court held that the petitioner, being a daughter of a coparcener who died after 2005, has a right to claim share and should be impleaded (Paras 2-6).
Issue of Consideration
Whether a daughter who was born prior to the amendment of Section 6 of the Hindu Succession Act, 1956 (effective from 9.9.2005) is entitled to be impleaded as a party in pending final decree proceedings for partition to claim her share in the coparcenary property.
Final Decision
The High Court allowed the writ petition, set aside the order dated 4.6.2014 passed by the Principal Civil Judge and JMFC, Arsikere, and directed the trial court to allow the application filed under Order 1 Rule 10(2) CPC and proceed with the final decree proceedings in accordance with law.
Law Points
- Order 1 Rule 10(2) CPC
- Section 6 Hindu Succession Act 1956 (as amended in 2005)
- coparcenary rights of daughters
- impleadment in final decree proceedings
- liberal construction of procedural law
