Supreme Court · 2009 INSC 1317 · Decided 17 December 2009

Dwarika Prasad v. Nirmala and ORS.

Court
Supreme Court of India
Citation
2009 INSC 1317 · [2009] 16 S.C.R. 605
Case number
CIVIL APPEAL No. 8407/2009
Decided
17 December 2009
Bench
B. SUDERSHAN REDDY, J.M. PANCHAL (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 6; Hindu Succession Act Section 6; Succession Act Section 6

Headnote

Suit: Restoration of suit - Suit for partition of joint properties filed by deceased father- Dismissed as withdrawn A B - Right of plaintiff's daughter to restore the suit after death of C plaintiff - Held: Daughter and legal representative are entitled to continue the suit in view of the when right to sue is personal to deceased, same would not survive for benefit of his legal representatives - As per record she came to know later on D that.fraud was committed while getting partition suit dismissed as withdrawn - Hence, she was entitled to file application for restoration of

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