Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Letters Patent Appeal: Maintainability of- The Letters Patent Appeal lie from the judgment which affect the vital and valuable rights of the parties and which work serious injustice to the parties concerned - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Letters Patent Appeal: Maintainability of- The Letters Patent Appeal lie from the judgement which affect the vital and valuable rights of the parties and which work serious injustice to the parties c concerned - In the instant suit for specific performance of agreement of sale of suit property, the single judge of High Court allowed impleadment application filed by assignee 27 years after the suit - Letters Patent Appeal against the order of si;;g!r! judge - Dismissed on the ground that the substitution of assignee does not affect the rights of appellant on merits and that appellant could challenge the assignemnt after the final decree - Held: The order allowing the application impleading third respondent as assignee filed after 27 years of filing of the suit vitally affects the valuable rights of the appellant - The order allowing amendment of plaint by impleading third respondent as 'Plaintiff no.3' on the basis of alleged assignment E of agreement decides a vital question which concerns the rights of the parties and hence is a 'judgment" to maintain the Letters Pate/If Appeal within the meaning of Clause I 5 - Therefore Letters Patent Appeal is maintainable. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2017 INSC 1050 |
Petitioner | Life Insurance Corporation Of India |
Respondent | Sanjeev Builders Pvt. Ltd. And Ors. |
SCR | [2017] 10 S.C.R. 208 |
Judgement Date | 2017-10-24 |
Case Number | 16964 |
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