Supreme Court · 2009 INSC 265 · Decided 25 February 2009
T. Gnanavel v. T.S. Kanagaraj and ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 265 · [2009] 3 S.C.R. 451
- Case number
- CIVIL APPEAL No. 1259/2009
- Decided
- 25 February 2009
- Bench
- TARUN CHATTERJEE, H.S. BEDI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908: Order XX// Rule 4 Sub Rule 4 - Civil Court passing a c decree in ignorance of the death of defendant - Exemption obtained thereafter for bringing the legal representatives of the sole defendant on record - Whether the decree passed becomes a nullity - Held: Yes, as Court the order of the High Court was a nullity. ' D Order XX// Rule 10(A) - Applicability of - Question not raised before High Court - Cannot be permitted to raise the question for the first time before the Supreme Court. In the appeal, the appellant has challenged the E interpretation given by
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