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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