Supreme Court of India · 1957-11-27
SARDAR SYEDNA TAHERSAIFUDDIN SAHEB vs THE STATE OF BOMBAY
- Citation / case number
- SC 1954/90268
- Court
- Supreme Court of India
- Petitioner
- SARDAR SYEDNA TAHERSAIFUDDIN SAHEB
- Respondent
- THE STATE OF BOMBAY
- Bench
- DAS, SUDHI RANJAN (CJ),AIYYAR, T.L. VENKATARAMA,DAS, S.K.,SARKAR, A.K.,BOSE, VIVIAN
Judgment text excerpt
The Supreme Court held that the appeal against the Bombay High Court's interlocutory finding regarding the validity of the Bombay Prevention of Excommunication Act, 1949, was not maintainable due to the abatement of the suit following the plaintiff's death. The Court ruled that the appeal was merely a continuation of the abated suit and that the certificate granted under Articles 132 and 133 of the Constitution was incompetent for interlocutory matters. Consequently, the appeal was dismissed.