Supreme Court · 1999 INSC 145 · Decided 31 March 1999

R. Rathinavel Chettiar and Another v. V. Sivaraman and Others

Court
Supreme Court of India
Citation
1999 INSC 145 · [1999] 2 S.C.R. 313
Case number
CIVIL APPEAL No. 1821/1999
Decided
31 March 1999
Bench
S. SAGHIR AHMAD, D.P. WADHWA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

B Code of Civil Procedure 1908, Order XXlll Rule 1, I-A-Suit by plaintiff for declaration of title to property and possession decreed-Plaintiff selling property to appellants soon thereafter-During pendency of appeal by defendant, plaintiff_ applying for dismissal of suit as not pressed stating he cannot be allowed to withdraw decreed suit at the stage of appeal so as to take away rights vested in parties. VS, plaintiff-respondent No. 1, filed a suit against S, widow of his brother, inter alia, for declaration of title to and possession of the suit D property. The suit was decreed by the

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