Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | r.5 Code of Civil Procedure 1908: O.XXII |
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: O.XXII, r.5 – Impleadment of legal representative in pending appeal – High Court allowing impleadment applications preferred by rival contenders entitling both the contenders to raise their respective arguments in subject matter of suit without determining as to who is the actual legal representative of the deceased – Propriety of – Held: When a question arises before the Court in a pending matter as to who will come on record as the legal heir of the deceased, the Court shall, before proceeding to decide with the substantive issues involved in the case, first and foremost, shall decide who is the legal representative of the deceased – Without doing so, the Court cannot proceed with the disposal of the case on hand – At the same time, the Court cannot make all the contenders as parties – The aspect of deciding legal representative cannot also be postponed with a view to decide the same at the time of final disposal of the appeal on merits – The statute has clearly mandated that if the question of deciding the legal representative of a legatee arises before an appellate Court, it may direct the subordinate Court to make enquiries by leading evidence if any through the process of trial and record its finding as to who is the legal representative – After considering the finding recorded by the trial Court, the appellate Court can decide and bring on record the legal representative of the deceased – Matter remitted to High Court for determining the issue as per provisions of O.XXII, r.5 of the Code. . |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2018 INSC 117 |
Petitioner | Mahanth Satyanand @ Ramjee Singh |
Respondent | Shyam Lal Chauhan And Others |
SCR | [2018] 2 S.C.R. 521 |
Judgement Date | 2018-02-08 |
Case Number | 6318 |
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