Supreme Court · 2002 INSC 541 · Decided 17 December 2002
S. Amarjit Singh Kalra (Dead) BY LRS. and ORS. v. SMT. Pramod Gupta (Dead) BY LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 541 · [2002] SUPP. 5 S.C.R. 350
- Case number
- CIVIL APPEAL No. 1027/1992
- Decided
- 17 December 2002
- Bench
- G.B. PATTANAIK, M.B. SHAH, DORAISWAMY RAJU, S.N. VARIAVA, D.M. DHARMADHIKARI (5-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Land Acquisition Act Section 4, 6, 11, 18, 30, 31
Headnote
Code of Civil Procedure, 1908-0rder 22-Death of some of the several C claimants in a joint appeal against a decree-Dismissal of the appeal in toto even in respect of surviving appellants on the ground of abatement-Held, whenever p{aintiffs/appellantslpetitioners found separate and independent rights of their own and for purpose of convenience or otherwise joined together in a single litigation, decree passed thereon would not be inseparable, but in substance is a mere combination of several decrees-In D order to determine as to whether a decree is joint and
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