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:

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