Supreme Court · 2006 INSC 478 · Decided 28 July 2006
Firdous Omer (D) BY LRS. and ORS. v. Bankim Chandra Daw (D) BY LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 478 · [2006] SUPP. 4 S.C.R. 175
- Case number
- CIVIL APPEAL No. 3185/2006
- Decided
- 28 July 2006
- Bench
- S.B. SINHA, P.K. BALASUBRAMANYAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Limitation Act Section 5
Headnote
B Code of Civil Procedure, 1908-0rder 9 Rules 3, 4, 8 and 9-Limitation Act, 1963-Section 5; Article 122 of the Schedule-Calcutta High Court Original Side Rules-Chapter X,· Rule 35; Dismissal of suit by High Court for C non-prosecution under the Original Side Rules-Application for suit for non­ prosecution had been drawn up, completed and filed under the Original Side Rules-Correctness of-Failure of the surviving plaintiffs to bring on record the legal representatives of the deceased plaintiff-Effect of-Held, on law, the Court can restore the application by extension of
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