Supreme Court · 2023 INSC 318 · Decided 29 March 2023
Shivshankara & Anr v. H.P. Vedavyasa Char
- Court
- Supreme Court of India
- Citation
- 2023 INSC 318 · [2023] 6 S.C.R. 359
- Case number
- CIVIL APPEAL No. 10215/2011
- Decided
- 29 March 2023
- Bench
- BHUSHAN RAMKRISHNA GAVAI, C.T. RAVIKUMAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 52
Headnote
Abatement: Abatement of suit - Non-joinder of necessary parties - Non-impleadment of all other legal heirs of deceased defendant - Effect of - Held: In the event of death of one of the defendants, when the estate/interest was being fully and substantially represented in the and when they are also his legal representatives, by reason of non-impleadment of all other legal heirs consequential to the death of the said defendant, the suit would not abate - Such suit not bad for non-joinder of necessary parties of all his legal heirs/representatives. Amendment:
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)