Supreme Court · 2009 INSC 1211 · Decided 3 November 2009
Dashrath Rao Kate v. Brij Mohan Srivastava
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1211 · [2009] 15 S.C.R. 643
- Case number
- CIVIL APPEAL No. 1621/2004
- Decided
- 3 November 2009
- Bench
- MARKANDEY KATJU, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
l Code of Civil Procedure, 1908- Or.22, r.5 - Eviction suit - Original owner died - Appellant filed application for impleadment as LR of original owner on basis of Will c executed by her - Application allowed - Respondent-tenant filed Revision - High Court remanded the case to trial Court \_ with the legal heir of original owner - Full-fledged inquiry conducted by trial Court under Or. 22, r. 5, whereafter said Will held proved and D 't appellant brought on record as LR of original owner - Order ____ ,.- not challenged - Parties thereafter led evidence and trial court . decreed the
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