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february 1958

Supreme Court of India · 1958-02-14

Sm. SAILA BALA DASSI vs SM. NIRMALA SUNDARI DASSI AND ANOTHER

Citation / case number
SC 1957/60136
Court
Supreme Court of India
Petitioner
Sm. SAILA BALA DASSI
Respondent
SM. NIRMALA SUNDARI DASSI AND ANOTHER
Bench
AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that the appellant's application to be substituted as a party in the appeal was not maintainable under Order 22 Rule 10 of the Code of Civil Procedure, as the transfer occurred before the appeal was filed. However, the Court ruled that under Section 146 of the Code of Civil Procedure, the appellant was entitled to be brought on record since the right to appeal includes the right to continue the appeal initiated by the transferor. The appeal was allowed, and the High Court's order was set aside.

Sm. SAILA BALA DASSI vs SM. NIRMALA SUNDARI DASSI AND ANOTHER · Niyam