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august 1961

Supreme Court of India · 1961-08-31

THE ANDHRA BANK LTD. vs R. SRINIVASAN AND OTHERS.

Citation / case number
SC 1958/171
Court
Supreme Court of India
Petitioner
THE ANDHRA BANK LTD.
Respondent
R. SRINIVASAN AND OTHERS.
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court held that the rule of private international law does not apply when a suit is initially filed in a competent court, even if the defendant dies and non-resident legal representatives are brought on record. The court ruled that the jurisdiction of the original court remains unaffected, and the legal representatives can be held accountable for the deceased's assets. The Court disapproved the interpretation of 'estate' under Section 2(11) of the Code of Civil Procedure, 1908, clarifying that it includes legatees under wills and does not necessarily mean the whole estate.

THE ANDHRA BANK LTD. vs R. SRINIVASAN AND OTHERS. · Niyam