NARAIN LAL & ORS. versus SUNDER LAL (DEAD) & ORS.

NARAIN LAL & ORS. versus SUNDER LAL (DEAD) & ORS.

Where permission under Section 92 CPC is granted to several persons jointly, a suit by fewer than those persons is incompetent; fresh consent must be obtained by survivors to institute the suit.

Parties
Appellant: Narain Lal; Appellant: Moo! Chand; Appellant: Kesari Chand; Respondent: Sunder Lal (dead); Respondent: Respondents Nos. 3, 4, 5, 7, 12, 13, 15-18, 71, 23 and 24
Jurisdiction
India
Judgment Date
04 May 1967
Procedural Posture
Civil Appeal / Appeal by Special Leave From a High Court Order
Outcome
appeal dismissed
Legal Topics
Representative Suit, Consent of Advocate General, Section 92 CPC, Maintainability of Suit
Civil Procedure Representative Suit Consent of Advocate General Section 92 CPC Maintainability of Suit

Case Brief

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Parties

Narain Lal

Appellant

Moo! Chand

Appellant

Kesari Chand

Appellant

Sunder Lal (dead)

Respondent

Respondents Nos. 3, 4, 5, 7, 12, 13, 15-18, 71, 23 and 24

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From a High Court Order

Legal Issues

  1. 1 Whether surviving applicants can institute a suit under Section 92 CPC when original permission was granted to four and one died before institution of suit

Ratio Decidendi

Where permission under Section 92 CPC is granted to several persons jointly, a suit by fewer than those persons is incompetent; fresh consent must be obtained by survivors to institute the suit.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed without costs.