High CourtsDivision Bench(1915) 03 MAD CK 0020

Meena w/o Popat Mhaske And Anr vs Manager Bajaj Alliainz General Insurance Co. Ltd. GE Plaza And Ors

Madras High Court · Decided on 3 March 1915 · Citation: AIR 1915 Mad 171 : 29 Ind. Cas. 245 : (1915) 2 LW 430

HON’BLE JUDGES
Seshagiri Aiyar, J · Napier, J

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Judgment

6 paragraphs · 117 words
1.

We see no reason to interfere with the order of the District Judge. We are not prepared to follow the decision in Narsingh Narain Singh v.

Harkhu Singh 8 C.L.J. 521 if it intends to lay down that the casting of lots for the purpose of allotting shares to the parties is opposed to Order

XXVI, Rule 14. We think the most equitable way by which properties could be assigned to co-parceners will be to draw lots after dividing the

properties with reference to the number of sharers. That has been done in this case and we find no justification for holding that that procedure is

unwarranted or illegal.

2.

The appeal is dismissed with costs.