Supreme Court · 2003 INSC 484 · Decided 16 September 2003
Mithailal Dalsangar Singh and ORS. v. Annabai Devram Kini and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 484 · [2003] SUPP. 3 S.C.R. 822
- Case number
- CIVIL APPEAL No. 7396/2003
- Decided
- 16 September 2003
- Bench
- R.C. LAHOTI, ASHOK BHAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 22; Limitation Act
Headnote
Code of Civil Procedure, 1908 : Order 22 Rule 9 sub-rule I-Limitation Act, I963-Section 5-Suit for specific performance-Abatement on death of one of the plaintiffs- C Application by legal representatives for condonation of delay and for bringing them on record-Single Judge allowing the by operation of law in absence of a specific prayer by surviving plaintiffs or by legal representatives-Correctness of-Held, courts should adopt a justice D oriented approach and not a technical approach-Prayer for bringing on record legal representatives includes impliedly a prayer for setting
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