Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | r. 1(d) Or. 43 Necessary parties Impleadment CPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: Or. 43, r. 1(d) – Appeal from orders – Appeal u/Or. 43 r. 1(d) by first wife-respondent no.2 against the husband-respondent no.1, against the order passed by the trial court refusing to condone the delay in filing application by first wife and rejection to set aside the exparte decree for dissolution of marriage of respondent no. 1 and 2 – High Court set aside the exparte decree and issued directions that the respondent no. 1 and 2 to live together as husband and wife – Review by appellant-second wife – Dismissed by the Division Bench – On appeal held: High Court, even after taking note of the factum of the marriage of the appellant with respondent No.1, did not advert to the consequences thereof and gave directions, which may not be capable of due performance – High Court passed the order without hearing the appellant and did not issue any notice of the appeal to her – Thus, the impugned order wholly without jurisdiction and legally unsustainable – Matter remanded to the High Court for deciding the appeal afresh after impleading the appellant as a party respondent in the appeal before the High Court – Party/Parties – Necessary parties – Impleadment. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2019 INSC 662 |
Petitioner | Karuna Kansal |
Respondent | Hemant Kansal & Anr. |
SCR | [2019] 7 S.C.R. 477 |
Judgement Date | 2019-05-09 |
Case Number | 4847 |
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