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august 1973

Supreme Court of India · 1973-08-07

GORAKH NATH DUBE vs HARI NARAIN SINGH & ORS.

Citation / case number
SC 1967/292
Court
Supreme Court of India
Petitioner
GORAKH NATH DUBE
Respondent
HARI NARAIN SINGH & ORS.
Bench
BEG, M. HAMEEDULLAH

Judgment text excerpt

The Supreme Court held that under Section 5(2) of the Act, a suit abates if not pursued properly, distinguishing between documents that can be disregarded and those that must be set aside to lose legal effect. The Court found that the consolidation authorities have the jurisdiction to adjudicate on rights and interests in land, but cannot cancel a deed, which remains binding until set aside by a competent court. Consequently, the plaintiff's suit was declared to have abated under Section 5 of the Act, affirming the High Court's dismissal of the appeal.

GORAKH NATH DUBE vs HARI NARAIN SINGH & ORS. · Niyam