RATAN LAL SHAH versus FIRM LALMANDAS CHHADAMMALAL & ANR.

RATAN LAL SHAH versus FIRM LALMANDAS CHHADAMMALAL & ANR.

The High Court erred in dismissing the appeal on the grounds of non-service to the co-defendant and the possibility of conflicting decrees; one defendant may appeal and obtain relief on a ground common with the other under Order 41 Rule 4 CPC.

Parties
Appellant: Ratan Lal Shah; Respondent No. 1: Firm Lalmandas Chhadammalal; Respondent No. 2: Mohan Singh
Jurisdiction
India
Judgment Date
15 April 1969
Procedural Posture
Civil Appeal / On Appeal by Special Leave From the Judgment and Decree Dated July 10, 1963 of the Allahabad High Court in First Appeal No. 16 of 1953.
Outcome
Appeal allowed; High Court's decree set aside.
Legal Topics
Order 41 Rule 4 CPC, Joint Decree, Appeal by One of Multiple Parties, Appellate Jurisdiction, Non Service of Co Defendant
Civil Procedure Order 41 Rule 4 CPC Joint Decree Appeal by One of Multiple Parties Appellate Jurisdiction Non Service of Co Defendant

Case Brief

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Parties

Ratan Lal Shah

Appellant

Firm Lalmandas Chhadammalal

Respondent No. 1

Mohan Singh

Respondent No. 2

Procedural Posture

Civil Appeal / On Appeal by Special Leave From the Judgment and Decree Dated July 10, 1963 of the Allahabad High Court in First Appeal No. 16 of 1953.

Legal Issues

  1. 1 Whether an appeal by only one defendant against a joint decree is maintainable even if the co-defendant is not served.
  2. 2 Whether the High Court could dismiss the appeal due to non-service of notice to the co-defendant or possibility of conflicting decrees.

Ratio Decidendi

The High Court erred in dismissing the appeal on the grounds of non-service to the co-defendant and the possibility of conflicting decrees; one defendant may appeal and obtain relief on a ground common with the other under Order 41 Rule 4 CPC.

Court Disposition

Appeal allowed; High Court's decree set aside.

Orders

  • High Court to admit the appeal in its original number and hear and dispose it according to law.
  • No order as to costs in the Supreme Court.