Supreme Court · 1971 INSC 4 · Decided 6 January 1971
Mahabir Prasad v. Jage Ram & ORS.
- Court
- Supreme Court of India
- Citation
- 1971 INSC 4 · [1971] 3 S.C.R. 301
- Case number
- CIVIL APPEAL No. 609/1967
- Decided
- 6 January 1971
- Bench
- J.C. SHAH, K.S. HEGDE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Limitation Act
Headnote
F G H 301. MAHABIR PRASAD v. JAGE RAM & ORS. January 6, 1971 [J. C. SHAH, C.J. AND K. S. HEGDE, J.) Code of Civil Procedure (5 of 1908), 0. 41, r, 4-Scope of. The appellant( his wife, and his mother held a joint decree. Against: an order dismissing the applie.ation for execution of , the . and legal representatives of the appellant wife were not brought on rec<ird _within the period of limitation the appeal. abated in its entirety. The High Court was of the view that ·the power of the appellate court und~r O. 41. r. 4 Code of Civil Proceclure may be exercised only in
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