Supreme Court · 2001 INSC 308 · Decided 24 July 2001

Dhurandhar Prasad Singh v. Jai Prakash University and ORS.

Court
Supreme Court of India
Citation
2001 INSC 308 · [2001] 3 S.C.R. 1129
Case number
CIVIL APPEAL No. 4481/2001
Decided
24 July 2001
Bench
G.B. PATTANAIK, B.N. AGRAWAL (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 47

Headnote

SINGH A --'< v. JAI PRAKASH UNIVERSITY AND ORS. JULY 24, 2001 [G.B. PATTANAIK AND B.N. AGRAWAL, JJ.) B Code of Civil Procedure, 1908: Section 47-Exercise of powers under-Scope and ambit of-Held: Decree can be set aside if the same is void ab initio and a nullity-But decree c passed without of interest during- Leave to continue suit-Held: Initial duty lies upon the plaintiff to seek leave D to continue suit-But the person upon whom interest has devolved, or any ... _ _}, person interested, may also apply for such a leave so that his interest may be properly represented. The

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