SATGURU SHARAN SHRIVASTAVA versus DWARKA PRASAD MATHUR (DEAD) THROUGH LRS. AND ORS.

SATGURU SHARAN SHRIVASTAVA versus DWARKA PRASAD MATHUR (DEAD) THROUGH LRS. AND ORS.

In view of the plea of fraud involving both respondents, any finding would be inconsistent after one respondent's legal representatives were not brought on record and the decree became final; hence, the suit stands abated as a whole, and Order 22 Rule 4(4) CPC is inapplicable.

Parties
Petitioner: Satguru Sharan Shrivastava; Respondent: Dwarka Prasad Mathur (Dead) through LRs and Ors.
Jurisdiction
India
Judgment Date
14 August 1996
Procedural Posture
Special Leave Petition (civil) / Appeal From Judgment and Order Dated 15.5.96 of the Madhya Pradesh High Court in F.a. No. 17 of 1989
Outcome
Petition dismissed
Legal Topics
Suit Abatement, Legal Representatives, Deletion of Parties, Order 22 Rule 4(4) CPC, Specific Performance, Fraud
Civil Procedure Suit Abatement Legal Representatives Deletion of Parties Order 22 Rule 4(4) CPC Specific Performance Fraud

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Parties

Satguru Sharan Shrivastava

Petitioner

Dwarka Prasad Mathur (Dead) through LRs and Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Appeal From Judgment and Order Dated 15.5.96 of the Madhya Pradesh High Court in F.a. No. 17 of 1989

Legal Issues

  1. 1 Whether an appeal can be filed against a dead person when legal representatives are not brought on record
  2. 2 Whether Order 22 Rule 4(4) CPC (as amended by CPC Amendment Act, 1976) applies to prevent abatement of the suit as a whole

Ratio Decidendi

In view of the plea of fraud involving both respondents, any finding would be inconsistent after one respondent's legal representatives were not brought on record and the decree became final; hence, the suit stands abated as a whole, and Order 22 Rule 4(4) CPC is inapplicable.

Court Disposition

Petition dismissed

Orders

  • Special leave petition dismissed