Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908:Order XXII Rule 4 Sub Rule 4 - Civil Court passing a decree in ignorance of the death of defendant - Exemption obtained thereafter for bringing the legal representatives of the sole defendant on record - Whether the decree passed becomes a nullity - Held: Yes, as rightly held by the High Court the order of the High Court was a nullity. Order XXII Rule 10(A) - Applicability of - Question not raised before High Court - Cannot be permitted to raise the question for the first time before the Supreme Court. In the appeal, the appellant has challenged the E interpretation given by the High Court that once the sole defendant dies and the civil court passes a decree in ignorance of the same and thereafter even there being any exemption obtained under Order XXll Rule 4 SubRule 4 of the CPC to bring the heirs and legal F representatives of the sole defendant on record, the ex parte decree passed in favour of the plaintiff/appellant becomes a nullity. |
Judge | Hon'ble Mr. Justice Tarun Chatterjee |
Neutral Citation | 2009 INSC 265 |
Petitioner | T. Gnanavel |
Respondent | T.s. Kanagaraj And Anr. |
SCR | [2009] 3 S.C.R. 451 |
Judgement Date | 2009-02-25 |
Case Number | 1259 |
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