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january 1965

Supreme Court of India · 1965-01-29

UNION OF INDIA vs SREE RAM BOHRA AND OTHERS

Citation / case number
SC 1962/250
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
SREE RAM BOHRA AND OTHERS
Bench
DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court held that under Order 22 Rule 11 of the Code of Civil Procedure, an appeal filed by two representatives of a joint Hindu family does not continue after the death of one representative unless the authority to represent the family is confirmed by the remaining members. The Court found that the appeal against the respondent was incompetent due to the abatement caused by the death of one Karta, as the surviving Karta could not represent the joint family without such confirmation. The judgment of the Patna High Court was upheld, affirming the dismissal of the appeal.

UNION OF INDIA vs SREE RAM BOHRA AND OTHERS · Niyam