(RE) Partition after losing the title suit.

Querist : Anonymous (Querist) 20 January 2011 This query is : Resolved
Dear Experts
i need your advice in following,

1. A father-in-law dispose all his coparcenary property in his hands to his adopted son by "will".(not givin any property to his widow daughter-in-law).

2. The adopted son file suit for title and win the case in which the widow daughter-in- law was a defendant, she contest the suit but suit degreed agaist her, since the widow not filed any document to prove that the suit property are copercenery.

3.In appeal also dismised that in the absence of any proof of copercenery, the suit properties can be consider as self acuried and the widow can not have share in it, and no appeal on that.

5. But the real fact is, all the property are ancestry properties there is enough proof for it.

In this situation can she file a partition suit in the property of her father-in-law (degreed suit property against her) by the evidence now in hand OR the degree given against her will bind her not to file partition.
Please answer me sir, thanking you
(please find judgements)

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Querist : Anonymous (Querist) 20 January 2011
Judgement in appeal

the fact of coparcnery was admitted in pleading, deposition by the plaintiff but court still want proof

Devajyoti Barman (Expert) 20 January 2011
If there is so much proof then it is hard to understand why the same was not agitated at the right of point of time.
In any case the subsequent suit for partition would be barred by the Rule of Res Judicata and hence the only option left is to file SLP before the Supreme Court and try to get the case remanded for giving additional evidence by lack of which the suit may have been decreed.

Querist : Anonymous (Querist) 20 January 2011
Thanks Barman sir, the plaintiff himself admitted while examined as widness and since the fact admitted we thought it is enough for the court.

Each and every items of this suit properties are purchesed by the testeter's father. we optained all from register office, but it all over...

I KNOW ONLY WINNING ARE COUNTED NOT REASONS.

sir i need your kind advice, that Is there any chance of filing partition suit.

R.Ramachandran (Expert) 20 January 2011
Dear Mr. Anonymous,
Having lost the case upto the Supreme Court, you don't have any claim over the property in question. The question of claiming any partition or filing any suit for partition does not at all arise.

Devajyoti Barman (Expert) 20 January 2011
If you hae indeed lost een in the Supreme court then I do not think the partition suit would lie.

Kirti Kar Tripathi (Expert) 21 January 2011
I agree with Mr. Ramachandran. After judgment of Hon'ble Apex Court, the matter has attained finality. Thus you have no claim.