BRIJ NARAIN AGGARWAL Vs. ANUP KUMAR GOYAL

JUDGEMENT

(1.) This suit has been filed by the plaintiff, husband of deceased Mrs. Mithlesh Aggarwal, after coming into force of the Hindu Succession Act (Amendment Act 2005) whereby section 6 of the Hindu Succession Act 1956 was amended.

(2.) The defendant has filed an application under O. VII Rule 11 CPC submitting that the suit was not maintainable and no right accrued upon the plaintiff after amendment of the Act and the partition of the disputed property had already taken place. The amended Act was not applicable. A prayer is made for rejection of the suit.

(3.) In order to appreciate the contention of both the parties, the brief narration of the relevant facts is necessary.