Supreme Court · 1977 INSC 209 · Decided 3 November 1977
Jahar Roy (Dead Through L.RS) and ANR. v. Premji Bhimji Mansata and ANR.
- Court
- Supreme Court of India
- Citation
- 1977 INSC 209 · [1978] 1 S.C.R. 770
- Case number
- CIVIL APPEAL No. 2055/1970
- Decided
- 3 November 1977
- Bench
- N.L. UNTWALIA, P.N. SHINGAL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution; Contract Act Section 45; Specific Relief Act Section 42
Headnote
Parties to suits-Persons who 1nay be arrayed as Plaintiffs-Joint Promisee refused to join as a Co-plaintiff-and hence 1nade a proforma co-defendant with the specific plea that no relief is clainied against hi1n-Whether suit is 11on­ n1ain1ainable, Civil Procedure Code, ( Act V), 1908- Order I S. 45 and Specific Relief Act S. 42. Appellants, Jahar Roy and Smt. Sarjubala Devi were the sub-lessees of "Rangmahal Theatre'' Calcutta as per the agreement dated 17-3-1962 entered into between the respondents (Original lessees) and themselves as "Artistes". A5 per Clause I of
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