AIR 1978 PATNA 258

Patna High Court

Hon'ble Judge(s): Birendra Prasad Sinha , J

(A) Hindu Law - Widow cannot become Karta of joint Hindu family - Cannot represent the family in a suit. AIR 1969 Pat 317, Not Foll. Coparcenership it a necessary qualification for managership of a joint Hindu family. A widow is not a Coparcener, and therefore she cannot become a Karta of the family. She cannot therefore represent the family in a suit - AIR 1969 Pat 317 Not followed in view of AIR 1966 SC 24.(Para 5) (B) Civil P.C. (5 of 1908) , O.1 R.8— Scope - All members of HUF suing - Suit not by Karta in representative capacity. Where all the co-owners (members of joint Hindu family) are parties to the suit, question of representation through the Karta would not arise. Thus if a junior member as well as his mother are impleaded in the suit by name, on death of the junior member he could not be treated as represented by his mother as natural guardian or Karta.(Para 5) Anno : AIR Comm. C. P. C. (8th Edn.) Or. 1, R. 8 N. 2. (C) Civil P.C. (5 of 1908) , O.22 R.3— Scope - Co-owners' suit for possession - No abatement for non-substitution of LRs of deceased plaintiff. Where, during pendency of a suit by co-owners....