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.