SHARADAMMA versus MOHAMMED PYREJAN (D) THROUGH LRS. &ANR.

SHARADAMMA versus MOHAMMED PYREJAN (D) THROUGH LRS. &ANR.

Dismissal of the appeal by the High Court on the ground that the appellant had released her interest in the suit property is unsustainable; the right to continue proceedings is not extinguished merely by assignment during pendency of litigation; the original party can continue the proceedings, and the matter is remitted to the High Court for fresh decision.

Parties
Appellant: Sharadamma; Respondent: Mohammed Pyrejan (D) Through LRs.
Jurisdiction
India
Judgment Date
23 September 2015
Procedural Posture
Civil Appeal / Appeal From High Court Decision to Supreme Court
Outcome
Appeal allowed
Legal Topics
Assignment of Rights, Devolution of Interest, Impleadment of Parties, Continuation of Proceedings
Civil Procedure Assignment of Rights Devolution of Interest Impleadment of Parties Continuation of Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Sharadamma

Appellant

Mohammed Pyrejan (D) Through LRs.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision to Supreme Court

Legal Issues

  1. 1 Whether the appellant lost the right to continue the appeal due to release of interest in suit property during appeal pendency
  2. 2 Whether the appeal could be dismissed for failure of the assignee to file an application for impleadment

Ratio Decidendi

Dismissal of the appeal by the High Court on the ground that the appellant had released her interest in the suit property is unsustainable; the right to continue proceedings is not extinguished merely by assignment during pendency of litigation; the original party can continue the proceedings, and the matter is remitted to the High Court for fresh decision.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the High Court set aside
  • Matter remitted to the High Court for decision afresh in accordance with the law