2008 AIR SCW 6476 ::AIR 2009 SC (Supp) 1218

Supreme Court Of India

(From : AIR 2005 Karnataka 426)

Hon'ble Judge(s): S. B. Sinha, Lokeshwar Singh Panta , JJ

(A) Joint Family - Family holding joint properties and joint business - Presumption - Such family would constitute a joint family - Son getting property from father - As soon as sons are born to him a joint family is constituted.AIR 1960 SC 335, Foll. Evidence Act (1 of 1872) , S.114— (Para 23 26) (B) Civil P.C. (5 of 1908) , O.6 R.1— Pleadings of a party in earlier suit - They are binding on it in subsequent proceedings proprio vigore - Unless fraud is proved it cannot get rid of same. Evidence Act (1 of 1872) , S.115— (Para 23) (C) Family Settlement - "Give and take" necessary for arriving at settlement for achieving peace and harmony for family - Partition by metes and bound - Not always possible - Preservation of family property - Can form ground or consideration for foregoing substantial part of its share by a party to make settlement binding on it - Compromise decree passed on basis of settlement - Not permissible for Court to re-open except when fraud on party or Court is pleaded and established - Court cannot go into question as to whether contents of settlement are correct or not or as to whether properties were joint or self-acquired....