Supreme Court · 1996 INSC 895 · Decided 16 August 1996
Maulvi Issa Qureshi v. District Judge, Deoria and ORS.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 895 · [1996] SUPP. 4 S.C.R. 734
- Case number
- CIVIL APPEAL No. 11381/1996
- Decided
- 16 August 1996
- Bench
- K. RAMASWAMY, G.B. PATTANAIK (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 9
Headnote
Code of Civil Procedure, 1908 : Order 9 Rule 4 and Order 22 Rule 3. Substitution of L.Rs.-Suit filed by a person impleadi11g himself as co-plaintiff-Suit dismissed 011 the ground that it was as fraudulent suil-Co- C plaintiff filing application of substitution of the so11 of the dead plaintiff-ff suit was already dismissed and became final-When the suit has already become final the question of substitution does not arise-The District Judge committed a manifest e"or of law in directing substitution and the High Court wus 1101 D right in declining to illleifere with the order. CIVIL
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