DWARKA PRASAD SINGH & OTHERS versus HARIKANT PRASAD SINGH & OTHERS

DWARKA PRASAD SINGH & OTHERS versus HARIKANT PRASAD SINGH & OTHERS

The appeal abated as a whole because the vendor (defendant first party) was a necessary party both for specific performance and for alternative relief; the non-impleadment of the legal representatives of the deceased vendor precluded granting any relief in his absence, and inconsistent decrees would result if the appeal proceeded.

Parties
Appellant: Dwarka Prasad Singh & Others; Respondent: Harikant Prasad Singh & Others; Advocate for Respondent No. 2: V. J. Francis
Jurisdiction
India
Judgment Date
29 November 1972
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Patna High Court
Outcome
Appeal dismissed
Legal Topics
Specific Performance, Abatement of Appeals, Necessary Parties
Civil Procedure Contract Law Specific Performance Abatement of Appeals Necessary Parties

Case Brief

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Parties

Dwarka Prasad Singh & Others

Appellant

Harikant Prasad Singh & Others

Respondent

V. J. Francis

Advocate for Respondent No. 2

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Patna High Court

Legal Issues

  1. 1 Whether the appeal abates as a whole due to non-impleadment of legal representatives of a deceased respondent/vendor in a specific performance suit
  2. 2 Whether Order 41 Rule 4 of Code of Civil Procedure allows the appeal to proceed against remaining respondents

Ratio Decidendi

The appeal abated as a whole because the vendor (defendant first party) was a necessary party both for specific performance and for alternative relief; the non-impleadment of the legal representatives of the deceased vendor precluded granting any relief in his absence, and inconsistent decrees would result if the appeal proceeded.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no order as to costs.