Supreme Court · 2017 INSC 860 · Decided 5 September 2017
Samar Kumar Roy (D) Through LR (Mother) v. Jharna Bera
- Court
- Supreme Court of India
- Citation
- 2017 INSC 860 · [2017] 8 S.C.R. 269
- Case number
- CIVIL APPEAL No. 11200/2017
- Decided
- 5 September 2017
- Bench
- R.F. NARIMAN, SANJAY KISHAN KAUL (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Limitation Act Section 58; Specific Relief Act Section 34; Hindu Marriage Act Section 7, 8; Family Courts Act Section 8(a), 7, 8
Headnote
269 SAMAR KUMAR ROY (D) THROUGH LR (MOTHER) A v. JHARNA BERA (Civil Appeal No. 11200 of2017) SEPTEMBER 05, 2017 [R. F. NARIMAN AND SANJAY KISHAN KAUL, JJ.) B Specific Relief Act, 1963 - s.34 - Maintainability of at the behest of a legal representative of a dead plaintiff - Suit filed against marriage 'between plaintiff and respondent was not valid and also seeking permanent injunction against the defendant restraining her from disturbing him in office and otherwise - During pendency of suit, plaintiff died - Substitution of mother was allowed - Howeve1; order D of substitution
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