Supreme Court of India · 1967-05-04
NARAIN LAL & ORS. vs SUNDER LAL (DEAD) & ORS.
- Citation / case number
- SC 1964/90487
- Court
- Supreme Court of India
- Petitioner
- NARAIN LAL & ORS.
- Respondent
- SUNDER LAL (DEAD) & ORS.
- Bench
- BACHAWAT, R.S.
Judgment text excerpt
The Supreme Court held that under Section 92 of the Code of Civil Procedure, a joint authority to sue must be exercised by all parties together. In this case, since permission was granted to four individuals and one died before the suit was filed, the remaining three could not proceed without obtaining fresh permission. The Court upheld the High Court's decision that the suit was not maintainable and required fresh sanction for the survivors to institute the suit.