Supreme Court · 1969 INSC 114 · Decided 15 April 1969
Ratan Lal Shah v. Firm Lalmandas Chhadammalal & ANR.
- Court
- Supreme Court of India
- Citation
- 1969 INSC 114 · [1970] 1 S.C.R. 296
- Case number
- CIVIL APPEAL No. 1019/1966
- Decided
- 15 April 1969
- Bench
- J.C. SHAH, G.K. MITTER (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
B Civil Procedure Code, 1908 Ord.,. 41 Rult 4--Jo/nt dKrtt against two persons-Ap~a/ by only ont person-Whtthtr apptal court can txcrciu jurisdiction undtr 0. 41 r. 4. The respondent obtained a joint decree apinst the appellant and his partner M. Apinst the decree, the appellant alone appealed to sent to M wu returned unserved. The HJ&h Coon C dlsmiued the appeal on the view that aincc there wu a joint decree aplnat the appellant and M lo a suit foUDded on a joint cause of actioo and the decree apinst M had become ftnal, the appellant could not claim to be beard on his appeal; if he
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