SUMTIBAI & OTHERS versus PARAS FINANCE CO. REGD. PARTNERSHIP FIRM BEAWER(RAJ.)THRU SMT. MANKANWAR W/O PARASMAL CHORDIA (DEAD) & ORS.

SUMTIBAI & OTHERS versus PARAS FINANCE CO. REGD. PARTNERSHIP FIRM BEAWER(RAJ.)THRU SMT. MANKANWAR W/O PARASMAL CHORDIA (DEAD) & ORS.

Legal representatives, upon being impleaded in a suit for specific performance, especially when they have a semblance of title as evidenced by the sale deed, must be permitted to file an additional written statement and take defences available to them; refusal to permit this violates natural justice and is contrary to the intent of procedural law.

Parties
Appellants: Sumtibai & Others; Respondents: Paras Finance Co. Regd. Partnership Firm Beawer (Raj.) Thru Smt. Mankanwar W/o Parasmall Chordia (Dead) & Ors.
Jurisdiction
India
Judgment Date
04 October 2007
Procedural Posture
Civil Appeal / Appeal Against High Court Order on Revision Petition
Outcome
Appeal allowed
Legal Topics
Application by Legal Representatives, Specific Performance, Additional Written Statement, Natural Justice, Order 22 Rule 4(2) CPC, Order 1 Rule 10 CPC
Civil Procedure Application by Legal Representatives Specific Performance Additional Written Statement Natural Justice Order 22 Rule 4(2) CPC Order 1 Rule 10 CPC

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Parties

Sumtibai & Others

Appellants

Paras Finance Co. Regd. Partnership Firm Beawer (Raj.) Thru Smt. Mankanwar W/o Parasmall Chordia (Dead) & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against High Court Order on Revision Petition

Legal Issues

  1. 1 Whether legal representatives impleaded under Order 22 Rule 4(2) CPC can file an additional written statement raising pleas available to them in a suit for specific performance after death of the original defendant

Ratio Decidendi

Legal representatives, upon being impleaded in a suit for specific performance, especially when they have a semblance of title as evidenced by the sale deed, must be permitted to file an additional written statement and take defences available to them; refusal to permit this violates natural justice and is contrary to the intent of procedural law.

Court Disposition

Appeal allowed

Orders

  • Orders of the High Court dated 7.1.2000 and trial court dated 6.8.1997 set aside.
  • Appellants permitted to file additional written statement.