Supreme Court · 2013 INSC 113 · Decided 20 February 2013
Mata Prasad Mathur (Dead) BY LRS. v. Jwala Prasad Mathur & ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 113 · [2013] 1 S.C.R. 1106
- Case number
- CIVIL APPEAL No. 1457/2013
- Decided
- 20 February 2013
- Bench
- T.S. THAKUR, GYAN SUDHA MISRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908 - Or.22, r.4(4) - Suit for declaration, partition and injunction - Death of a non- e contesting defendant - Failure of the plaintiffs-respondents to bring on record the LRs of such defendant - Held: Did not result in abatement of the suit - Requirement of of such non-contesting defendant could be legitimately dispensed with by the Court by virtue of the power D of exemption abundantly available to it under Or.22, r.4(4). The question that arose for determination in the present appeal was whether the suit filed by the plaintiffs­ respondents
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