Supreme Court · 2002 INSC 569 · Decided 20 December 2002

Zahirul Islam v. MOHD. Usman and ORS.

Court
Supreme Court of India
Citation
2002 INSC 569 · [2002] SUPP. 5 S.C.R. 712
Case number
CIVIL APPEAL No. 8631/2002
Decided
20 December 2002
Bench
S.S.M. QUADRI, ASHOK BHAN, S.B. SINHA (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

Code of Civil Procedure, I 908 4 I c Order 22, r.4(4) and Order 9, r. I 3-Death of defendant-Procedure- Suit-Proceeaed ex parte against defendant-2, who later died-Suit decreed ex parte against D-2-His legal representaYive seeking, under Order 9 r. I 3, stay of execution of decree-Application contemplated under D . sub-rule(4) of rule 4 of Order 22, from exempting him from bringing on record the legal representative of D-2-0rders of courts below set a,5ide - legal representative of D-2 is entitled to be brought on record in the suit. CIVIL APPELLATE JURISDICTION: Civil Appeal

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