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october 1953

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.

DEPUTY COMMISSIONER, HARDOI vs RAMA KRISHNA NARAIN AND OTHERS. · Niyam