Supreme Court · 2004 INSC 411 · Decided 30 July 2004
Shahazada Bi and ORS. v. Halimabi (Since Dead) BY Her LRS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 411 · [2004] SUPP. 3 S.C.R. 222
- Case number
- CIVIL APPEAL No. 5507/1999
- Decided
- 30 July 2004
- Bench
- S.B. SINHA, S.H. KAPADIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908-0rder 22 Rule 4-Abatement of suit-Suit for possession of rooms in separate possession of each of the defendants-Defendants claiming to be tenants-in-common and have C perfected their title by adverse possession to each of the rooms-During pendency of the suit, one of to implead legal representatives of defendant-Right to sue-Held: Evidence showed different rooms to be in possession of different defendant, as such interest of co-defendants separate-Hence, suit will abate only as regard the particular interest of D deceased defendant and not as a
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