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Suit: Restoration of suit - Suit for partition of joint properties filed by deceased father- Dismissed as withdrawn A B - Right of plaintiff's daughter to restore the suit after death of C plaintiff - Held: Daughter and legal representative are entitled to continue the suit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- As per record she came to know later on D that.fraud was committed while getting partition suit dismissed as withdrawn - Hence, she was entitled to file application for restoration of
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