Supreme Court of India · 1953-10-08
DEPUTY COMMISSIONER, HARDOI vs RAMA KRISHNA NARAIN AND OTHERS.
- Citation / case number
- SC 1951/19
- Court
- Supreme Court of India
- Petitioner
- DEPUTY COMMISSIONER, HARDOI
- Respondent
- RAMA KRISHNA NARAIN AND OTHERS.
- Bench
- MAHAJAN, MEHR CHAND
Judgment text excerpt
The Supreme Court ruled that creditors who did not actively participate in proceedings under Section 11(2) of the U.P. Encumbered Estates Act, 1934, are not necessary parties to an appeal from an order rejecting a claim. The Court emphasized that the technical rules of the Civil Procedure Code regarding the impleading of parties should not apply in such cases, advocating for a more liberal interpretation, provided there is no collusion between the debtor and the claimant. The Court overruled previous decisions that required all creditors to be impleaded in such appeals.