Supreme Court · 1965 INSC 189 · Decided 23 September 1965
N. K. Mohammad Sulaiman v. N. C. Mohammad Ismail and Others
- Court
- Supreme Court of India
- Citation
- 1965 INSC 189 · [1966] 1 S.C.R. 937
- Case number
- CIVIL APPEAL No. 432/1963
- Decided
- 23 September 1965
- Bench
- K. SUBBA RAO, K.N. WANCHOO, J.C. SHAH, S.M. SIKRI, V. RAMASWAMI (5-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Legal representatives-Creditor instituting suit for recovery of debt against only heirs known .to him after bona-fide inquiry-Whether such heirs 1 epresent entire estate and decree in suit binds heirs not impleaded­ l'ersonal law of deceased-Whether relevant. M, K and L mortgaged in favour of R in 1933. M died in 1937 and in 1940, R commenced an action for enforcement of the mortgage against K, L and three widows and a daughter of M. In execution of the decree passed in the action, the properties were sold at a court auction in 1942 and purchased by R, who thereafter
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