Supreme Court · 1997 INSC 111 · Decided 6 February 1997
Municipal Council, Mandsaur v. Fakirchand and ANR.
- Court
- Supreme Court of India
- Citation
- 1997 INSC 111 · [1997] 1 S.C.R. 1007
- Case number
- CIVIL APPEAL No. 3012/1982
- Decided
- 6 February 1997
- Bench
- G.N. RAY, G.T. NANAVATI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
B Code of Civil Procedure, 1908 : c Appeal-Abatement for not bringing legal representatives on recor~Suit filed by co-owners seeking pennanent injunction against appel­ lant-Municipality-Suit decreed by Trial Court-Appeal pref erred by Municipality-Death of the co-owner during pendency of holding that appeal stood abate~Ap­ peal preferred by Municipality before Supreme Court-Held from the plaint it cannot be definitely held that property was coparcenery property which could D be represented by a Karta--Assumi11g it was coparcenery property there was nothing to suggest that
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