MAHABIR PRASAD versus JAGE RAM & ORS.

MAHABIR PRASAD versus JAGE RAM & ORS.

Power under Order 41 Rule 4 CPC is not lost merely because a person jointly interested has been made party respondent and on his death his heirs have not been brought on record; the proceeding does not abate in such circumstances, and the High Court's order was unsustainable.

Parties
Appellant: Mahabir Prasad; Respondents: Jage Ram & Ors.; Respondent: Gunwanti Devi; Respondent: Saroj Devi (deceased)
Jurisdiction
India
Judgment Date
06 January 1971
Procedural Posture
Civil Appeal / Appeal From Order of Punjab High Court, Circuit Bench at Delhi in Execution First Appeal No. 192 C of 1961
Outcome
Appeal allowed.
Legal Topics
Order 41 Rule 4 CPC, Abatement of Appeal, Legal Representatives, Joint Decree, Execution Proceedings
Civil Procedure Order 41 Rule 4 CPC Abatement of Appeal Legal Representatives Joint Decree Execution Proceedings

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Parties

Mahabir Prasad

Appellant

Jage Ram & Ors.

Respondents

Gunwanti Devi

Respondent

Saroj Devi (deceased)

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of Punjab High Court, Circuit Bench at Delhi in Execution First Appeal No. 192 C of 1961

Legal Issues

  1. 1 Whether the power under Order 41 Rule 4 of the Code of Civil Procedure allows the appellate court to vary or modify a decree when not all joint decree-holders appeal and a respondent decree-holder dies without heirs being brought on record within limitation.
  2. 2 Whether the appeal abates in its entirety if the heirs of a deceased respondent joint decree-holder are not brought on record within limitation.

Ratio Decidendi

Power under Order 41 Rule 4 CPC is not lost merely because a person jointly interested has been made party respondent and on his death his heirs have not been brought on record; the proceeding does not abate in such circumstances, and the High Court's order was unsustainable.

Court Disposition

Appeal allowed.

Orders

  • Order of the High Court set aside.
  • Proceeding remanded to the High Court to be dealt with and disposed of according to law.