Supreme Court · 2025 INSC 842 · Decided 14 July 2025

Binod Pathak & ORS. v. Shankar Choudhary & ORS.

Court
Supreme Court of India
Citation
2025 INSC 842 · [2025] 8 S.C.R. 103
Case number
CIVIL APPEAL No. 7706/2025
Decided
14 July 2025
Bench
J.B. PARDIWALA, R MAHADEVAN (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

Matter pertains to the correctness of the order passed by the High Court that as some of the defendants before the first appellate court had passed away and their legal heirs were not brought on record in accordance with the provisions of Or.XXII r.4 CPC, the first first appeal on merits and decided the same in favour of the plaintiffs as it already stood abated. Code of Civil Procedure, 1908 - Or.XXII rr.4(3), 10A - Duty of pleader to communicate to court death of a party - Title suit instituted by

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