MAHALAXMI CO-OPERATIVE HOUSING SOCIETY LTD. & ETC. versus ASHABHAI ATMARAM PATEL(D) TH. LRS. AND ORS.

MAHALAXMI CO-OPERATIVE HOUSING SOCIETY LTD. & ETC. versus ASHABHAI ATMARAM PATEL(D) TH. LRS. AND ORS.

Trial court rightly disposed the suits under Order XXIII Rule 3 CPC by accepting pursis as all material plaintiffs executed deeds acknowledging settlement and received consideration; objections were examined and rejected; High Court wrongly set aside the orders. Compromise binds heirs who failed to be impleaded, and...

Source-derived case information.

Parties
Appellant: Mahalaxmi Co-operative Housing Society Ltd.; Respondents: Ashabhai Atmaram Patel (D) through LRS and Ors.; Intervener: Jankalyan Co-operative Housing Society
Jurisdiction
India
Judgment Date
01 March 2013
Procedural Posture
Civil Appeal / Appeal From High Court Judgment, Adjudication on Special Civil Applications
Outcome
Appeals allowed, High Court judgment set aside, trial court orders restored.
Legal Topics
Compromise and Adjustment of Suits, Power of Attorney, Transfer and Consolidation of Suits, Abatement of Suits, Withdrawal of Suits
Civil Procedure Property Law Compromise and Adjustment of Suits Power of Attorney Transfer and Consolidation of Suits Abatement of Suits Withdrawal of Suits

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Parties

Mahalaxmi Co-operative Housing Society Ltd.

Appellant

Ashabhai Atmaram Patel (D) through LRS and Ors.

Respondents

Jankalyan Co-operative Housing Society

Intervener

Procedural Posture

Civil Appeal / Appeal From High Court Judgment, Adjudication on Special Civil Applications

Legal Issues

  1. 1 Whether the trial court was correct in disposing the suits under Order XXIII Rule 3 CPC accepting the pursis
  2. 2 The effect of cancellation of power of attorney and subsequent documents
  3. 3 Whether heirs failing to get impleaded results in abatement

Ratio Decidendi

Trial court rightly disposed the suits under Order XXIII Rule 3 CPC by accepting pursis as all material plaintiffs executed deeds acknowledging settlement and received consideration; objections were examined and rejected; High Court wrongly set aside the orders. Compromise binds heirs who failed to be impleaded, and transfer/consolidation does not prevent compromise in individual suits.

Court Disposition

Appeals allowed, High Court judgment set aside, trial court orders restored.

Orders

  • Orders dated 14.08.2008 and 08.09.2009 of trial court disposing suits are restored.
  • Common judgment of the High Court is set aside.