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may 1958

Supreme Court of India · 1958-05-23

RAZIA BEGUM vs SAHEBZADI ANWAR BEGUM & OTHERS

Citation / case number
SC 1957/60125
Court
Supreme Court of India
Petitioner
RAZIA BEGUM
Respondent
SAHEBZADI ANWAR BEGUM & OTHERS
Bench
SINHA, BHUVNESHWAR P.

Judgment text excerpt

The Supreme Court held that under Order I, Rule 10(2) of the Code of Civil Procedure, the addition of parties is a matter of judicial discretion, particularly in suits for declaratory relief under Section 42 of the Specific Relief Act. The Court found that the third respondent's family members had a direct interest in denying the appellant's claim of being the legally wedded wife, thus justifying their addition as defendants. The Court emphasized that a declaratory judgment regarding status is binding on all parties involved, including those claiming through them, as per Section 43 of the Specific Relief Act.

RAZIA BEGUM vs SAHEBZADI ANWAR BEGUM & OTHERS · Niyam